It is State policy to encourage voluntary admissions to
facilities. It is further State policy that no individual shall be
involuntarily committed to a 24-hour facility unless that individual is
mentally ill or a substance abuser and dangerous to self or others. All
admissions and commitments shall be accomplished under conditions that protect
the dignity and constitutional rights of the individual.

This Article applies to all facilities unless expressly
provided otherwise. Specific provisions that are delineated by the disability
of the client, whether mentally ill, mentally retarded, developmentally
disabled, or substance abuser, also apply to all facilities for that client's
disability. Provisions that refer to a specific facility or type of facility
apply only to the designated facility or facilities. (1985,
c. 589, s. 2; 1989, c. 625, s. 20.)

§ 122C-202.1. Hospital privileges.

Nothing in this Article related to admission, commitment, or
treatment shall be deemed to mandate hospitals to grant or deny to any
individuals privileges to practice in hospitals. (1985,
c. 589, s. 2.)

§ 122C-203. Admission or commitment and incompetency
proceedings to have no effect on one another.

The admission or commitment to a facility of an alleged
mentally ill individual, an alleged substance abuser, or an alleged mentally
retarded or developmentally disabled individual under the provisions of this
Article shall in no way affect incompetency proceedings as set forth in Chapter
35A or former Chapters 33 or 35 of the General Statutes and incompetency
proceedings under those Chapters shall have no effect upon admission or
commitment proceedings under this Article. (1963, c.
1184, s. 1; 1985, c. 589, s. 2; 1989, c. 625, s. 21; 1989 (Reg. Sess., 1990),
c. 1024, s. 26(b).)

Nothing in this Article relieves from liability in any suit
instituted in the courts of this State any individual who unlawfully,
maliciously, and corruptly attempts to admit or commit any individual to any
facility under this Article. (1963, c. 1184, s. 1;
1985, c. 589, s. 2.)

§ 122C-205. Return of clients to 24-hour facilities.

(a) When a client of a 24-hour facility who:

(1) Has been involuntarily committed;

(2) Is being detained pending a judicial hearing;

(3) Has been voluntarily admitted but is a minor or
incompetent adult;

(4) Has been placed on conditional release from the
facility; or

(5) Has been involuntarily committed or voluntarily
admitted and is the subject of a detainer placed with the 24-hour facility by
an appropriate official

escapes or breaches a condition of his release, if applicable,
the responsible professional shall notify or cause to be notified immediately
the appropriate law enforcement agency in the county of residence of the
client, the appropriate law enforcement agency in the county where the facility
is located, and the appropriate law enforcement agency in any county where
there are reasonable grounds to believe that the client may be found. The
responsible professional shall determine the amount of personal identifying and
background information reasonably necessary to divulge to the law enforcement
agency or agencies under the particular circumstances involved in order to
assure the expeditious return of the client to the 24-hour facility involved
and protect the general public.

(b) When a competent adult who has been voluntarily
admitted to a 24-hour facility escapes or breaches a condition of his release,
the responsible professional, in the exercise of accepted professional
judgment, practice, and standards, will determine if it is reasonably foreseeable
that:

(1) The client may cause physical harm to others or
himself;

(2) The client may cause damage to property;

(3) The client may commit a felony or a violent
misdemeanor; or

(4) That the health or safety of the client may be
endangered

unless he is immediately returned to the facility. If the
responsible professional finds that any or all of these occurrences are
reasonably foreseeable, he will follow the same procedures as those set forth
in subsection (a) of this section.

(c) Upon receipt of notice of an escape or breach of a
condition of release as described in subsections (a) and (b) of this section,
an appropriate law enforcement officer shall take the client into custody and
have the client returned to the 24-hour facility from which the client has
escaped or has been conditionally released. Transportation of the client back
to the 24-hour facility shall be provided in the same manner as described in
G.S. 122C-251 and G.S. 122C-408(b). Law enforcement agencies who are notified
of a client's escape or breach of conditional release shall be notified of the
client's return by the responsible 24-hour facility. Under the circumstances
described in this section, the initial notification by the 24-hour facility of
the client's escape or breach of conditional release shall be given by
telephone communication to the appropriate law enforcement agency or agencies
and, if available and appropriate, by Department of Public Safety message to
any law enforcement agency in or out of state and by entry into the National
Crime Information Center (NCIC) telecommunications system. As soon as
reasonably possible following notification, written authorization to take the
client into custody shall also be issued by the 24-hour facility. Under this
section, law enforcement officers shall have the authority to take a client
into custody upon receipt of the telephone notification or Department of Public
Safety message prior to receiving written authorization. The notification of a
law enforcement agency does not, in and of itself, render this information
public information within the purview of Chapter 132 of the General Statutes.
However, the responsible law enforcement agency shall determine the extent of
disclosure of personal identifying and background information reasonably
necessary, under the circumstances, in order to assure the expeditious return
of a client to the 24-hour facility involved and to protect the general public
and is authorized to make such disclosure. The responsible law enforcement
agency may also place any appropriate message or entry into either the
Department of Public Safety's Criminal Information System or National Crime
Information System, or both, as appropriate.

(d) In the situations described in subsections (a) and
(b) of this section, the responsible professional shall also notify or cause to
be notified as soon as practicable:

(1) The next of kin of the client or legally
responsible person for the client;

(2) The clerk of superior court of the county of
commitment of the client;

(3) The area authority of the county of residence of
the client, if appropriate;

(4) The physician or eligible psychologist who
performed the first examination for a commitment of the client, if appropriate;
and

(5) Any official who has placed a detainer on a client
as described in subdivision (a)(5) of this section

§ 122C-205.1. Discharge of clients who escape or breach the
condition of release.

(a) As described in G.S. 122C-205(a), when a client of
a 24-hour facility escapes or breaches the condition of his release and does
not return to the facility, the facility shall:

(1) If the client was admitted under Part 2 of this
Article or under Parts 3 or 4 of this Article to a nonrestrictive facility,
discharge the client based on the professional judgment of the responsible
professional;

(2) If the client was admitted under Part 3 or Part 4
of this Article to a restrictive facility, discharge the client when the period
for continued treatment, as specified by the court, expires;

(3) If the client was admitted pending a district court
hearing under Part 7 of this Article, request that the court consider dismissal
or continuance of the case at the initial district court hearing; or

(4) If the client was committed under Part 7 of this
Article, discharge the client when the commitment expires.

(b) As described in G.S. 122C-205(a), when a client of
a 24-hour facility who was admitted under Part 8 of this Article escapes or
breaches the conditions of his release and does not return to the facility, the
facility may discharge the client from the facility based on the professional
judgment of the responsible professional and following consultation with the appropriate
area authority or physician.

(c) Upon discharge of the client, the 24-hour facility
shall notify all the persons directed to be notified of the client's escape or
breach of conditional release under 122C-205(a), (b) and (d) that the client
has been discharged.

(d) If the client is returned to the 24-hour facility
subsequent to discharge from the facility, applicable admission or commitment
procedures shall be followed, when appropriate. (1987,
c. 674, s. 1.)

§ 122C-206. Transfers of clients between 24-hour facilities.

(a) Before transferring a voluntary adult client from
one 24-hour facility to another, the responsible professional at the original
facility shall: (i) get authorization from the receiving facility that the
facility will admit the client; (ii) get consent from the client; and (iii) if
consent to share information is granted by the client, notify the next of kin
of the time and location of the transfer. The preceding requirements of this
paragraph may be waived if the client has been admitted under emergency
procedures to a State facility not serving the client's region of the State.
Following an emergency admission, the client may be transferred to the
appropriate State facility without consent according to the rules of the
Commission.

(b) Before transferring a respondent held for a
district court hearing or a committed respondent from one 24-hour facility to
another, the responsible professional at the original facility shall:

(1) Obtain authorization from the receiving facility
that the facility will admit the respondent; and

(2) Provide reasonable notice to the respondent, or
legally responsible person, of the reason for the transfer and document the
notice in the client's record.

No later that 24 hours after the transfer, the responsible
professional at the original facility shall notify the petitioner, the clerk of
court, and, if consent is granted by the respondent, the next of kin, that the
transfer is completed. If the transfer is completed before the judicial
commitment hearing, these proceedings shall be initiated by the receiving
facility.

(c) Minors and incompetent adults, admitted pursuant
to Parts 3 and 4 of this Article, may be transferred from one 24-hour facility
to another following the same procedures specified in subsection (b) of this
section. In addition, the legally responsible person shall be consulted before
the proposed transfer. If the transfer is completed before the judicial
determination required in G.S. 122C-223 or G.S. 122C-232, these proceedings
shall be initiated by the receiving facility.

(c1) If a client described in subsections (b) or (c) of
this section is to be transferred from one 24-hour facility to another and
transportation is needed, the responsible professional at the original facility
shall notify the clerk of court or magistrate, and the clerk of court or
magistrate shall issue a custody order for transportation of the client as
provided by G.S. 122C-251.

(d) Minors and incompetent adults, admitted pursuant to
Part 5 of this Article, may be transferred from one 24-hour facility to another
provided that prior to transfer the responsible professional at the original
facility shall:

(1) Obtain authorization from the receiving facility
that the facility will admit the client; and

(2) Provide reasonable notice to the client regarding
the reason for transfer and document the notice in the client's record; and

(3) Provide reasonable notice to and consult with the
legally responsible person regarding the reason for the transfer and document
the notice and consultation in the client's record.

No later than 24 hours after the transfer, the responsible
professional at the original facility shall notify the legally responsible
person that the transfer is completed.

(e) The responsible professional may transfer a client
from one facility to another for emergency medical treatment, emergency medical
evaluation, or emergency surgery without notice to or consent from the client.
Within a reasonable period of time the responsible professional shall notify
the next of kin or the legally responsible person of the client of the
transfer.

(f) When a client is transferred to another facility
solely for medical reasons, the client shall be returned to the original
facility when the medical care is completed unless the responsible
professionals at both facilities concur that discharge of the client who is not
subject to G.S. 122C-266(b) is appropriate.

Court records made in all proceedings pursuant to this
Article are confidential, and are not open to the general public except as
provided for by G. S. 122C-54(d). (1977, c. 696, s. 1;
1979, c. 164, s. 2; c. 915, s. 20; 1985, c. 589, s. 2.)

Except when considering treatment history as it pertains to
an involuntary outpatient commitment, the fact that an individual has been
voluntarily admitted for treatment shall not be competent evidence in an
involuntary commitment proceeding. (1985, c. 589, s.
2.)

§ 122C-209. Voluntary admissions acceptance.

Nothing contained in Parts 2 through 5 of this Article
requires a private physician or private facility to accept an individual as a
client for examination or treatment. Examination or treatment at a private
facility or by a private physician is at the expense of the individual to the
extent that charges are not disposed of by contract between the area authority
and private facility. (1985, c. 589, s. 2.)

§ 122C-210. Guardian to pay expenses out of estate.

It is the duty of the guardian who has legal custody of the
estate of an incompetent individual held pursuant to the provisions of this
Article in a facility to supply funds for his support in the facility during
the stay as long as there are sufficient funds for that purpose over and beyond
maintaining and supporting those individuals who may be legally dependent on
the estate. (1985, c. 589, s. 2.)

§ 122C-210.1. Immunity from liability.

No facility or any of its officials, staff, or employees, or
any physician or other individual who is responsible for the custody,
examination, management, supervision, treatment, or release of a client and who
follows accepted professional judgment, practice, and standards is civilly
liable, personally or otherwise, for actions arising from these
responsibilities or for actions of the client. This immunity is in addition to
any other legal immunity from liability to which these facilities or individuals
may be entitled and applies to actions performed in connection with, or arising
out of, the admission or commitment of any individual pursuant to this Article.
(1899, c. 1, s. 31; Rev., s. 4560; C.S., s. 6172;
1961, c. 511, s. 1; 1973, c. 673, s. 10; 1983, c. 638, s. 15; c. 864, s. 4;
1985, c. 589, s. 2; 1995 (Reg. Sess., 1996), c. 739, s. 3.)

§ 122C-210.2. Research at State facilities for the mentally
ill.

(a) For research purposes, State facilities for the
mentally ill may be designated by the Secretary as facilities for the voluntary
admission of adults who are not admissible as clients otherwise. Designation
of these facilities shall be made in accordance with rules of the Secretary
that assure the protection of those admitted for research purposes.

(b) Individuals may be admitted to such designated
facilities on either an outpatient or inpatient basis.

(c) The Human Rights Committee of the designated facility
shall monitor the care of individuals admitted for research during their
participation in any research program.

(d) For these individuals admitted to such designated
facilities for research purposes only, the following provisions shall apply:

(1) A written application for admission pursuant to
G.S. 122C-211(a) and an examination by a physician within 24 hours of admission
shall be provided to each of these individuals;

(2) They shall be exempt from the provisions of G.S.
122C-57(a) governing the rights to treatment and to a treatment plan; the
requirements of G.S. 122C-61(2) and G.S. 122C-212(b); and the requirements of
any single portal of entry and exit plan; however, nothing in this section
shall take away the individual's right to be informed of the potential risks
and alleged benefits of their participation in any research program;

(3) The Secretary shall exempt these individuals from
the provisions of Article 7 of Chapter 143 of the General Statutes requiring
payment for treatment in a State institution. The Secretary may also authorize
reasonable compensation to be paid to individuals participating in research
projects for their services; provided, that the compensation is paid from
research grant funds; and

Part 2. Voluntary Admissions and Discharges, Competent Adults,
Facilities for the Mentally Ill and Substance Abusers.

§ 122C-211. Admissions.

(a) Except as provided in subsections (b) through (f1)
of this section, any individual, including a parent in a family unit, in need
of treatment for mental illness or substance abuse may seek voluntary admission
at any facility by presenting himself for evaluation to the facility. No
physician's statement is necessary, but a written application for evaluation or
admission, signed by the individual seeking admission, is required. The
application form shall be available at all times at all facilities. However, no
one shall be denied admission because application forms are not available. An
evaluation shall determine whether the individual is in need of care,
treatment, habilitation or rehabilitation for mental illness or substance abuse
or further evaluation by the facility. Information provided by family members
regarding the individual's need for treatment shall be reviewed in the
evaluation. An individual may not be accepted as a client if the facility
determines that the individual does not need or cannot benefit from the care,
treatment, habilitation, or rehabilitation available and that the individual is
not in need of further evaluation by the facility. The facility shall give to
an individual who is denied admission a referral to another facility or
facilities that may be able to provide the treatment needed by the client.

(b) In 24-hour facilities the application shall
acknowledge that the applicant may be held by the facility for a period of 72
hours after any written request for release that the applicant may make, and
shall acknowledge that the 24-hour facility may have the legal right to
petition for involuntary commitment of the applicant during that period. At the
time of application, the facility shall tell the applicant about procedures for
discharge.

(c) Any individual who voluntarily seeks admission to
a 24-hour facility in which medical care is an integral component of the
treatment shall be examined and evaluated by a physician of the facility within
24 hours of admission. The evaluation shall determine whether the individual is
in need of treatment for mental illness or substance abuse or further
evaluation by the facility. If the evaluating physician determines that the
individual will not benefit from the treatment available, the individual shall
not be accepted as a client.

(d) Any individual who voluntarily seeks admission to
any 24-hour facility, other than one in which medical care is an integral
component of the treatment, shall have a medical examination within 30 days
before or after admission if it is reasonably expected that the individual will
receive treatment for more than 30 days or shall produce a current, valid
physical examination report, signed by a physician, completed within 12 months
prior to the current admission. When applicable, this examination may be
included in an examination conducted to meet the requirements of G.S. 122C-223
or G.S. 122C-232.

(e) When an individual from a single portal area seeks
admission to an area or State 24-hour facility, the admission shall follow the
procedures as prescribed in the area plan. When an individual from a single
portal area presents himself for admission to the facility directly and is in
need of an emergency admission, the individual may be accepted for admission.
The facility shall notify the area authority within 24 hours of the admission.
Further planning of treatment for the client is the joint responsibility of the
area authority and the facility as prescribed in the area plan.

(f) A family unit may voluntarily seek admission to a
24-hour substance abuse facility that is able to provide, directly or by
contract, treatment, habilitation, or rehabilitation services that will
specifically address the family unit's needs. These services shall include
gender-specific substance abuse treatment, habilitation, or rehabilitation for
the parent as well as assessment, well-child care, and, as needed, early
intervention services for the child. A family unit that voluntarily seeks
admission to a 24-hour substance abuse facility shall be evaluated by the
facility to determine whether the family unit would benefit from the services
of the facility. A facility shall not accept a family unit as a client if the
facility determines that the family unit does not need or cannot benefit from
the care, habilitation, or rehabilitation available at the facility. The
facility shall give to a family unit that is denied admission a referral to
another facility or facilities that may be able to provide treatment needed by
the family unit. Except as otherwise provided, this section applies to a parent
in a family unit seeking admission under this section.

(f1) An individual in need of treatment for mental
illness may be admitted to a facility pursuant to an advance instruction for
mental health treatment or pursuant to the authority of a health care agent
named in a valid health care power of attorney, provided that the individual is
incapable, as defined in G.S. 122C-72(4) at the time of the need for admission.
An individual admitted to a facility pursuant to an advance instruction for
mental health treatment may not be retained for more than 10 days, except as
provided for in subsection (b) of this section. When a health care power of
attorney authorizes a health care agent to seek the admission of an incapable
individual, the health care agent shall act for the individual in applying for
admission to a facility and in consenting to medical treatment at the facility
when consent is required, provided that the individual is incapable.

(a) Except as provided in subsections (b) and (c) of
this section, an individual who has been voluntarily admitted to a facility
shall be discharged upon his own request. A request for discharge from a 24-hour
facility shall be in writing.

(b) An individual who has been voluntarily admitted to
a 24-hour facility may be held for 72 hours after his written application for
discharge is submitted.

(c) When an individual from a single portal area who
has been voluntarily admitted to an area or State 24-hour facility is
discharged, the discharge shall follow the procedures as prescribed in the area
plan. (1973, c. 723, s. 1; c. 1084; 1983, c. 383, s.
4; 1985, c. 589, s. 2.)

Part 3. Voluntary Admissions and Discharges, Minors, Facilities
for the Mentally Ill and Substance Abusers.

§ 122C-221. Admissions.

(a) Except as otherwise provided in this Part, a minor
may be admitted to a facility if the minor is mentally ill or a substance
abuser and in need of treatment. Except as otherwise provided in this Part,
the provisions of G.S. 122C-211 shall apply to admissions of minors under this
Part. Except as provided in G.S. 90-21.5, in applying for admission to a
facility, in consenting to medical treatment when consent is required, and in
any other legal procedure under this Article, the legally responsible person
shall act for the minor. If a minor reaches the age of 18 while in treatment
under this Part, further treatment is authorized only on the written
authorization of the client or under the provisions of Part 7 or Part 8 of Article
5 of this Chapter.

(b) The Commission shall adopt rules governing
procedures for admission to 24-hour facilities not falling within the category
of facilities where freedom of movement is restricted. These rules shall be
designed to ensure that no minor is improperly admitted to or improperly
remains in a 24-hour facility. (1973, c. 1084; 1983,
c. 302, s. 1; 1985, c. 589, s. 2; 1987, c. 370, s. l.)

§ 122C-222. Admissions to State facilities.

Admission of a minor who is a resident of a county that is
not in a single portal area shall be made to a State facility following
screening and upon referral by an area authority, a physician, or an eligible
psychologist. Further planning of treatment and discharge for the minor is the
joint responsibility of the State facility and the person making the referral. (1987, c. 370, s. 1.)

§ 122C-223. Emergency admission to a 24-hour facility.

(a) In an emergency situation, when the legally
responsible person does not appear with the minor to apply for admission, a
minor who is mentally ill or a substance abuser and in need of treatment may be
admitted to a 24-hour facility upon his own written application. The
application shall serve as the initiating document for the hearing required by
G.S. 122C-224.

(b) Within 24 hours of admission, the facility shall
notify the legally responsible person of the admission unless notification is
impossible due to an inability to identify, to locate, or to contact him after
all reasonable means to establish contact have been attempted.

(c) If the legally responsible person cannot be
located within 72 hours of admission, the responsible professional shall initiate
proceedings for juvenile protective services as described in Article 3 of
Chapter 7B of the General Statutes in either the minor's county of residence or
in the county in which the facility is located.

(d) Within 24 hours of an emergency admission to a State
facility, the State facility shall notify the area authority and, as
appropriate, the minor's physician or eligible psychologist. Further planning
of treatment and discharge for the minor is the joint responsibility of the
State facility and the appropriate person in the community. (1973, c. 1084; 1983, c. 302, s. 1; 1985, c. 589, s. 2;
1987, c. 370, s. 1; 1998-202, s. 13(ff).)

§ 122C-224. Judicial review of voluntary admission.

(a) When a minor is admitted to a 24-hour facility
where the minor will be subjected to the same restrictions on his freedom of
movement present in the State facilities for the mentally ill, or to similar
restrictions, a hearing shall be held by the district court in the county in
which the 24-hour facility is located within 15 days of the day that the minor
is admitted to the facility. A continuance of not more than five days may be
granted.

(b) Before the admission, the facility shall provide
the minor and his legally responsible person with written information
describing the procedures for court review of the admission and informing them
about the discharge procedures. They shall also be informed that, after a
written request for discharge, the facility may hold the minor for 72 hours
during which time the facility may apply for a petition for involuntary
commitment.

(c) Within 24 hours after admission, the facility
shall notify the clerk of court in the county where the facility is located
that the minor has been admitted and that a hearing for concurrence in the
admission must be scheduled. At the time notice is given to schedule a
hearing, the facility shall notify the clerk of the names and addresses of the
legally responsible person and the responsible professional. (1975, c. 839; 1977, c. 756; 1979, c. 171, s. 1; 1983, c.
889, ss. 1, 2; 1985, c. 589, s. 2; 1987, c. 370, s. 1.)

§ 122C-224.1. Duties of clerk of court.

(a) Within 48 hours of receipt of notice that a minor
has been admitted to a 24-hour facility wherein his freedom of movement will be
restricted, an attorney shall be appointed for the minor in accordance with
rules adopted by the Office of Indigent Defense Services. When a minor has been
admitted to a State facility for the mentally ill, the attorney appointed shall
be the attorney employed in accordance with G.S. 122C-270(a) through (c). All
minors shall be conclusively presumed to be indigent, and it shall not be
necessary for the court to receive from any minor an affidavit of indigency.
The attorney shall be paid a reasonable fee in accordance with rules adopted by
the Office of Indigent Defense Services. The judge may require payment of the
attorney's fee from a person other than the minor as provided in G.S. 7A-450.1
through G.S. 7A-450.4.

(b) Upon receipt of notice that a minor has been
admitted to a 24-hour facility wherein his freedom of movement will be
restricted, the clerk shall calendar a hearing to be held within 15 days of
admission for the purpose of review of the minor's admission. Notice of the
time and place of the hearing shall be given as provided in G.S. 1A-1, Rule
4(j) to the attorney in lieu of the minor, as soon as possible but not later
than 72 hours before the scheduled hearing. Notice of the hearing shall be sent
to the legally responsible person and the responsible professional as soon as
possible but not later than 72 hours before the hearing by first-class mail
postage prepaid to the individual's last known address.

(c) The clerk shall schedule all hearings and
rehearings and send all notices as required by this Part. (1987, c. 370, s. 1; 2000-144, s. 37.)

§ 122C-224.2. Duties of the attorney for the minor.

(a) The attorney shall meet with the minor within 10
days of his appointment but not later than 48 hours before the hearing. In
addition, the attorney shall inform the minor of the scheduled hearing and
shall give the minor a copy of the notice of the time and place of the hearing
no later than 48 hours before the hearing.

(b) The attorney shall counsel the minor concerning
the hearing procedure and the potential effects of the hearing proceeding on
the minor. If the minor does not wish to appear, the attorney shall file a
motion with the court before the scheduled hearing to waive the minor's right
to be present at the hearing procedure except during the minor's own
testimony. If the attorney determines that the minor does not wish to appear
before the judge to provide his own testimony, the attorney shall file a
separate motion with the court before the hearing to waive the minor's right to
testify.

(c) In all actions on behalf of the minor, the
attorney shall represent the minor until formally relieved of the
responsibility by the judge. (1987, c. 370, s. 1.)

§ 122C-224.3. Hearing for review of admission.

(a) Hearings shall be held at the 24-hour facility in
which the minor is being treated, if it is located within the judge's district
court district as defined in G.S. 7A-133, unless the judge determines that the
court calendar will be disrupted by such scheduling. In cases where the
hearing cannot be held in the 24-hour facility, the judge may schedule the
hearing in another location, including the judge's chambers. The hearing may
not be held in a regular courtroom, over objection of the minor's attorney, if
in the discretion of the judge a more suitable place is available.

(b) The minor shall have the right to be present at
the hearing unless the judge rules favorably on the motion of the attorney to
waive the minor's appearance. However, the minor shall retain the right to
appear before the judge to provide his own testimony and to respond to the
judge's questions unless the judge makes a separate finding that the minor does
not wish to appear upon motion of the attorney.

(c) Certified copies of reports and findings of
physicians, psychologists and other responsible professionals as well as
previous and current medical records are admissible in evidence, but the
minor's right, through his attorney, to confront and cross-examine witnesses
may not be denied.

(d) Hearings shall be closed to the public unless the
attorney requests otherwise.

(e) A copy of all documents admitted into evidence and
a transcript of the proceedings shall be furnished to the attorney, on request,
by the clerk upon the direction of a district court judge. The copies shall be
provided at State expense.

(f) For an admission to be authorized beyond the
hearing, the minor must be (1) mentally ill or a substance abuser and (2) in
need of further treatment at the 24-hour facility to which he has been
admitted. Further treatment at the admitting facility should be undertaken
only when lesser measures will be insufficient. It is not necessary that the
judge make a finding of dangerousness in order to support a concurrence in the
admission.

(g) The court shall make one of the following
dispositions:

(1) If the court finds by clear, cogent, and convincing
evidence that the requirements of subsection (f) have been met, the court shall
concur with the voluntary admission and set the length of the authorized
admission of the minor for a period not to exceed 90 days; or

(2) If the court determines that there exist reasonable
grounds to believe that the requirements of subsection (f) have been met but
that additional diagnosis and evaluation is needed before the court can concur
in the admission, the court may make a one time authorization of up to an
additional 15 days of stay, during which time further diagnosis and evaluation
shall be conducted; or

(3) If the court determines that the conditions for
concurrence or continued diagnosis and evaluation have not been met, the judge
shall order that the minor be released.

(h) The decision of the District Court in all hearings
and rehearings is final. Appeal may be had to the Court of Appeals by the State
or by any party on the record as in civil cases. The minor may be retained and
treated in accordance with this Part, pending the outcome of the appeal, unless
otherwise ordered by the District Court or the Court of Appeals. (1987, c. 370; 1987 (Reg. Sess., 1988), c. 1037, s. 113.)

§ 122C-224.4. Rehearings.

(a) A minor admitted to a 24-hour facility upon order
of the court for further diagnosis and evaluation shall have the right to a
rehearing if the responsible professional determines that the minor is in need
of further treatment beyond the time authorized by the court for diagnosis and
evaluation.

(b) A minor admitted to a 24-hour facility upon the
concurrence of the court shall have the right to a rehearing for further
concurrence in continued treatment before the end of the period authorized by
the court. The court shall review the continued admission in accordance with
the hearing procedures in this Part. The court may order discharge of the
minor if the minor no longer meets the criteria for admission. If the minor
continues to meet the criteria for admission the court shall concur with the
continued admission of the minor and set the length of the authorized admission
for a period not to exceed 180 days. Subsequent rehearings shall be scheduled
at the end of each subsequent authorized treatment period, but no longer than
every 180 days.

(c) The responsible professional shall notify the
clerk, no later than 15 days before the end of the authorized admission, that
continued stay beyond the authorized admission is recommended for the minor.
The clerk shall calendar the rehearing to be held before the end of the current
authorized admission. (1987, c. 370, s. 1.)

§ 122C-224.5. Transportation.

When it is necessary for a minor to be transported to a
location other than the treating facility for the purpose of a hearing,
transportation shall be provided under the provisions of G.S. 122C-251.
However, the 24-hour facility may obtain permission from the court to routinely
provide transportation of minors to and from hearings. (1987, c. 370, s. 1.)

§ 122C-224.6. Treatment pending hearing and after
authorization for or concurrence in admission.

(a) Pending the initial hearing and after
authorization for further diagnosis and evaluation, or concurrence in
admission, the responsible professional may administer to the minor reasonable
and appropriate medication and treatment that is consistent with accepted
medical standards and consistent with Article 3 of this Chapter.

(b) The responsible professional may release the minor
conditionally for periods not in excess of 30 days on specified appropriate
conditions. Violation of the conditions is grounds for return of the minor to
the 24-hour facility. A law enforcement officer, on request of the responsible
professional, shall take the minor into custody and return him to the facility
in accordance with G.S. 122C-205. (1987, c. 370, s.
1.)

§ 122C-224.7. Discharge.

(a) The responsible professional shall unconditionally
discharge a minor from treatment at any time that it is determined that the
minor is no longer mentally ill or a substance abuser, or no longer in need of
treatment at the facility.

(b) The legally responsible person may file a written
request for discharge from the facility at any time. The facility may hold the
minor in the facility for 72 hours after receipt of the request for discharge.
If the responsible professional believes that the minor is mentally ill and
dangerous to himself or others, he may file a petition for involuntary
commitment under the provisions of Part 7 of this Article. If the responsible
professional believes that the minor is a substance abuser and dangerous to
himself or others, he may file a petition for involuntary commitment under the
provisions of Part 8 of this Article. If an order authorizing the holding of
the minor under involuntary commitment procedures is issued, further treatment
and holding shall follow the provisions of Part 7 or Part 8 whichever is
applicable. If an order authorizing the holding of the minor under involuntary
commitment procedures is not issued, the minor shall be discharged.

(c) If a client reaches age 18 while in treatment, and
the client refuses to sign an authorization for continued treatment within 72
hours of reaching 18, he shall be discharged unless the responsible
professional obtains an order to hold the client under the provisions of Part 7
or Part 8 of this Article pursuant to an involuntary commitment. (1975, c. 839; 1977, c. 756; 1979, c. 171, s. 1; 1983, c.
889, ss. 1, 2; 1985, c. 589, s. 2; 1987, c. 370, s. 1.)

Part 4. Voluntary Admissions and Discharges, Incompetent Adults,
Facilities for the Mentally Ill and Substance Abusers.

§ 122C-231. Admissions.

Except as otherwise provided in this Part an incompetent
adult may be admitted to a facility when the individual is mentally ill or a
substance abuser and in need of treatment. The provisions of G.S. 122C-211
shall apply to admissions of an incompetent adult under this Part except that
the legally responsible person shall act for the individual, in applying for
admission to a facility, in consenting to medical treatment when consent is
required, in giving or receiving any legal notice, and in any other legal
procedure under this Article. (1973, c. 1084; 1983, c.
302, s. 1; 1985, c. 589, s. 2.)

§ 122C-232. Judicial determination.

(a) When an incompetent adult is admitted to a 24-hour
facility where the incompetent adult will be subjected to the same restrictions
on his freedom of movement present in the State facilities for the mentally
ill, or to similar restrictions, a hearing shall be held in the district court
in the county in which the 24-hour facility is located within 10 days of the
day that the incompetent adult is admitted to the facility. A continuance of
not more than five days may be granted upon motion of:

(1) The court;

(2) Respondent's counsel; or

(3) The responsible professional.

The Commission shall adopt rules governing procedures for
admission to other 24-hour facilities not falling within the category of
facilities where freedom of movement is restricted; these rules shall be
designed to ensure that no incompetent adult is improperly admitted to or
remains in a facility.

(b) In any case requiring the hearing described in
subsection (a) of this section, no petition is necessary; the written
application for voluntary admission shall serve as the initiating document for
the hearing. The court shall determine whether the incompetent adult is
mentally ill or a substance abuser and is in need of further treatment at the
facility. Further treatment at the facility should be undertaken only when
lesser measures will be insufficient. If the court finds by clear, cogent, and
convincing evidence that these requirements have been met, the court shall
concur with the voluntary admission of the incompetent adult. If the court finds
that these requirements have not been met, it shall order that the incompetent
adult be released. A finding of dangerousness to self or others is not
necessary to support the determination that further treatment should be
undertaken.

(c) Unless otherwise provided in this Part, the
hearing specified in subsection (a) of this section, including the provisions
for representation of indigent incompetent adults, all subsequent proceedings,
and conditional release are governed by the involuntary commitment procedures
of Part 7 of this Article.

(d) In addition to the notice of hearings and
rehearings to the incompetent adult and his counsel required under Part 7 of
this Article, notice shall be given by the clerk to the legally responsible
person, or his successor. The legally responsible person, or his successor may
also file with the clerk of court a written waiver of his right to receive
notice. (1975, c. 839; 1977, c. 756; 1979, c. 171, s.
1; 1983, c. 889, ss. 1, 2; 1985, c. 589, s. 2.)

§ 122C-233. Discharges.

(a) Except as provided in subsection (b) of this
section, an incompetent adult shall be discharged upon the request of the
legally responsible person as provided in G.S. 122C-212.

(b) After the court has concurred in the admission of
an incompetent adult to a 24-hour facility as provided in G.S. 122C-232, only
the facility or the court may release the incompetent adult at any time when
either determines that the incompetent adult does not need further treatment at
the facility. If the legally responsible person believes that release is in the
best interest of the incompetent adult, and the facility refuses release, the
legally responsible person may apply to the court for a hearing for discharge. (1975, c. 839; 1977, c. 756; 1979, c. 171, s. 1; 1983, c.
889, ss. 1, 2; 1985, c. 589, s. 2.)

Part 5. Voluntary Admissions and Discharges, Minors and Adults,
Facilities for Individuals with Developmental Disabilities.

§ 122C-241. Admissions.

(a) Except as provided in subsection (c) of this
section an individual with developmental disabilities may be admitted to a
facility for the developmentally disabled in order that he receive care,
habilitation, rehabilitation, training, or treatment. Application for
admission is made as follows:

(1) A minor with developmental disabilities may be
admitted upon application by both the father and the mother if they are living
together and, if not, by the parent or parents having custody or by the legally
responsible person.

(2) An adult with developmental disabilities who has
been adjudicated incompetent under Chapter 35A or former Chapters 33 or 35 of
the General Statutes may be admitted upon application by his guardian.

(3) An adult with developmental disabilities who has
not been adjudicated incompetent under Chapter 35A or former Chapters 33 or 35
of the General Statutes may be admitted upon his own application.

(b) Prior to admission to a 24-hour facility, the
individual shall be examined and evaluated by a physician or psychologist to
determine whether the individual is developmentally disabled. In addition, the
individual shall be examined and evaluated by a qualified developmental
disabilities professional no sooner than 31 days prior to admission or within
72 hours after admission to determine whether the individual is in need of
care, habilitation, rehabilitation, training or treatment by the facility. If
the evaluating professional determines that the individual will not benefit
from an admission, the individual shall not be admitted as a client.

(c) An admission to an area or State 24-hour facility
of an individual from a single portal area shall follow the procedures as
prescribed in the area plan. When an individual from a single portal area
presents himself or is presented for admission to a State facility for the
mentally retarded directly and is in need of an emergency admission, he may be
accepted for admission. The State facility shall notify the area authority
within 24 hours of the admission and further planning of treatment for the
individual is the joint responsibility of the area authority and the State
facility as prescribed in the area plan. (1963, c.
1184, s. 6; 1965, c. 800, s. 12; 1973, c. 476, s. 133; 1977, c. 679, s. 7;
1981, c. 51, s. 3; 1983, c. 383, s. 7; 1985, c. 589, s. 2; c. 695, s. 14; 1989,
c. 625, s. 22; 1989 (Reg. Sess., 1990), c. 1024, s. 26(d).)

§ 122C-242. Discharges.

(a) Except as provided in subsections (b) through (d)
of this section, discharges from facilities for individuals with developmental
disabilities are made upon request of the individual authorized in G.S. 122C-241(a)
to make application for admission or by the director of the facility.

(b) Any adult who has not been declared incompetent
and who is admitted to a 24-hour facility shall be discharged upon his own
request, unless the director of the facility has reason to believe that the
adult is endangering himself by the discharge. In this case the individual may
be held for a period not to exceed five days while the director petitions for
the adjudication of incompetency of the individual and the appointment of an
interim guardian under Chapter 35A of the General Statutes.

(c) Any individual admitted to a 24-hour facility may
be discharged when in the judgment of the director of the facility the
individual is no longer in need of care, treatment, habilitation or
rehabilitation by the facility or the individual will no longer benefit from
the service available. In the case of an area or State facility rules adopted
by the Commission or by the Secretary in accordance with G.S. 122C-63 shall be
followed.

(d) When the individual to be discharged from an area
or State 24-hour facility is a resident of a single portal area, the discharge
shall follow the procedures described in the area plan. (1963, c. 1184, s. 6; 1973, c. 476, s. 133; 1983, c. 383, s.
8; 1985, c. 589, s. 2; 1989, c. 625, s.22; 1989 (Reg. Sess., 1990), c. 1024, s.
26(c).)

(a) Except as provided in subsections (f) and (g),
transportation of a respondent within a county under the involuntary commitment
proceedings of this Article, including admission and discharge, shall be
provided by the city or county. The city has the duty to provide transportation
of a respondent who is a resident of the city or who is taken into custody in
the city limits. The county has the duty to provide transportation for a
respondent who resides in the county outside city limits or who is taken into
custody outside of city limits. However, cities and counties may contract with
each other to provide transportation.

(b) Except as provided in subsections (f) and (g) or
in G.S. 122C-408(b), transportation between counties under the involuntary
commitment proceedings of this Article for admission to a 24-hour facility
shall be provided by the county where the respondent is taken into custody.
Transportation between counties under the involuntary commitment proceedings of
this Article for respondents held in 24-hour facilities who have requested a
change of venue for the district court hearing shall be provided by the county
where the petition for involuntary commitment was initiated. Transportation
between counties under the involuntary commitment proceedings of this Article
for discharge of a respondent from a 24-hour facility shall be provided by the
county of residence of the respondent. However, a respondent being discharged
from a facility may use his own transportation at his own expense.

(c) Transportation of a respondent may be by city-or
county-owned vehicles or by private vehicle by contract with the city or
county. To the extent feasible, law enforcement officers transporting
respondents shall dress in plain clothes and shall travel in unmarked vehicles.
Further, law enforcement officers, to the extent possible, shall advise
respondents when taking them into custody that they are not under arrest and
have not committed a crime, but are being transported to receive treatment and
for their own safety and that of others.

(d) In providing transportation of a respondent, a city
or county shall provide a driver or attendant who is the same sex as the
respondent, unless the law-enforcement officer allows a family member of the respondent
to accompany the respondent in lieu of an attendant of the same sex as the
respondent.

(e) In providing transportation required by this
section, the law-enforcement officer may use reasonable force to restrain the
respondent if it appears necessary to protect himself, the respondent, or
others. No law-enforcement officer may be held criminally or civilly liable for
assault, false imprisonment, or other torts or crimes on account of reasonable
measures taken under the authority of this Article.

(f) Notwithstanding the provisions of subsections (a),
(b), and (c) of this section, a clerk, a magistrate, or a district court judge,
where applicable, may authorize the family or immediate friends of the
respondent, if they so request, to transport the respondent in accordance with
the procedures of this Article. This authorization shall only be granted in
cases where the danger to the public, the family or friends of the respondent,
or the respondent himself is not substantial. The family or immediate friends
of the respondent shall bear the costs of providing this transportation.

(g) The governing body of a city or county may adopt a
plan for transportation of respondents in involuntary commitment proceedings in
this Article. Law-enforcement personnel, volunteers, or other public or private
agency personnel may be designated to provide all or parts of the
transportation required by involuntary commitment proceedings. Persons so
designated shall be trained and the plan shall assure adequate safety and protections
for both the public and the respondent. Law enforcement, other affected
agencies, and the area authority shall participate in the planning. If any
person other than a law-enforcement agency is designated by a city or county,
the person so designated shall provide the transportation and follow the
procedures in this Article. References in this Article to a law-enforcement
officer apply to this person.

(h) The cost and expenses of transporting a respondent
to or from a 24-hour facility is the responsibility of the county of residence
of the respondent. The State (when providing transportation under G.S. 122C-408(b)),
a city, or a county is entitled to recover the reasonable cost of
transportation from the county of residence of the respondent. The county of
residence of the respondent shall reimburse the State, another county, or a
city the reasonable transportation costs incurred as authorized by this
subsection. The county of residence of the respondent is entitled to recover
the reasonable cost of transportation it has paid to the State, a city, or a
county. Provided that the county of residence provides the respondent or other
individual liable for the respondent's support a reasonable notice and
opportunity to object to the reimbursement, the county of residence of the
respondent may recover that cost from:

(1) The respondent, if the respondent is not indigent;

(2) Any person or entity that is legally liable for the
resident's support and maintenance provided there is sufficient property to pay
the cost;

(3) Any person or entity that is contractually
responsible for the cost; or

State facilities, 24-hour facilities licensed under this
Chapter or hospitals licensed under Chapter 131E may be designated by the
Secretary as facilities for the custody and treatment of involuntary clients.
Designation of these facilities shall be made in accordance with rules of the
Secretary that assure the protection of the client and the general public.
Facilities so designated may detain a client under the procedures of Parts 7
and 8 of this Article both before a district court hearing and after commitment
of the respondent. (1973, c. 726, s. 1; c. 1408, s. 1;
1977, c. 400, s. 4; c. 679, s. 8; c. 739, s. 1; 1979, c. 358, s. 27; c. 915, s.
4; 1983, c. 380, ss. 4, 10; c. 638, ss. 6, 7, 25.1; c. 864, s. 4; 1985, c. 589,
s. 2.)

§ 122C-253. Fees under commitment order.

Nothing contained in Parts 6, 7, or 8 of this Article
requires a private physician, private psychologist, or private facility to
accept a respondent as a client either before or after commitment. Treatment at
a private facility or by a private physician or private psychologist is at the
expense of the respondent to the extent that the charges are not disposed of by
contract between the area authority and the private facility. An area authority
and its contract agencies shall set and recover fees for inpatient or
outpatient treatment services provided under a commitment order in accordance
with G.S. 122C-146. (1973, c. 726, s. 1; c. 1408, s.
1; 1977, c. 400, s. 8; c. 739, s. 2; 1979, c. 358, s. 26; c. 915, ss. 8, 15,
16; 1981, c. 537, s. 1; 1983, c. 380, s. 8; c. 638, s. 14; c. 864, s. 4; 1985,
c. 589, s. 2; c. 695, s. 3.)

§ 122C-254. Housing responsibility for certain clients in or
escapees from involuntary commitment.

(a) Any individual who has been involuntarily
committed under the provisions of this Article to a 24-hour facility:

(1) Who escapes from or is absent without authorization
from the facility before being discharged; and

(2) Who is charged with a criminal offense committed
after the escape or during the unauthorized absence; and

(3) Whose involuntary commitment is determined to be
still valid by the judge or judicial officer who would make the pretrial
release determination regarding the criminal offense under the provisions of
G.S. 15A-533 and G.S. 15A-534; or

(4) Who is charged with committing a crime while still
residing in the facility and whose commitment is still valid as prescribed by
subdivision (3) of this section;

shall be denied pretrial release pursuant to G.S. 15A-533 and
G.S. 15A-534. In lieu of pretrial release, and pending the additional
proceedings on the criminal offense, the individual shall be returned to the 24-hour
facility in which he was residing at the time of the alleged crime or from
which he escaped or absented himself for continuation of his commitment.

(b) Absent findings of lack of mental responsibility
for his criminal offense or lack of competency to stand trial for the criminal
offense, the involuntary commitment of an individual as described in subsection
(a) of this section shall not be utilized in lieu of nor shall it constitute a
bar to proceeding to trial for the criminal offense. At any time that the
district court or the responsible professional of the 24-hour facility finds
that the individual should be unconditionally discharged, committed for
outpatient treatment, or conditionally released, the facility shall notify the
clerk of superior court in the county in which the criminal charge is pending
before making the change in status. At this time, a pretrial release
determination pursuant to the provisions of G.S. 15A-533 and G.S. 15A-534 shall
be made. In this event, arrangements for returning the individual for the
pretrial release determination shall be the responsibility of the clerk of
superior court.

(c) An individual who has been processed in accordance
with subsections (a) and (b) of this section may not later be returned to a 24-hour
facility before trial except pursuant to involuntary commitment proceedings by
the district court in accordance with Parts 7 and 8 of this Article or after
proceedings in accordance with the provisions of G.S. 15A-1002 or G.S. 15A-1321.

(d) Other involuntarily committed respondents who
escape, but do not meet the additional criteria specified in subsection (a) of
this section, are handled in accordance with the provisions of G.S. 122C-205. (1981, c. 936, s. 1; 1985, c. 589, s. 2.)

§ 122C-255. Report required.

Beginning January 1, 2012, each 24-hour residential facility
that (i) falls under the category of nonhospital medical detoxification,
facility-based crisis service, or inpatient hospital treatment, (ii) is not a
State facility under the jurisdiction of the Secretary of Health and Human
Services, and (iii) is designated by the Secretary of Health and Human Services
as a facility for the custody and treatment of individuals under a petition of
involuntary commitment pursuant to G.S. 122C-252 and 10A NCAC 26C .0101 shall
submit a written report on involuntary commitments each January 1 and each July
1 to the Department of Health and Human Services, Division of Mental Health,
Developmental Disabilities, and Substance Abuse Services. The report shall
include all of the following:

(1) The number and primary presenting conditions of
individuals receiving treatment from the facility under a petition of
involuntary commitment.

(2) The number of individuals for whom an involuntary
commitment proceeding was initiated at the facility, who were referred to a
different facility or program.

(3) The reason for referring the individuals described
in subdivision (2) of this section to a different facility or program,
including the need for more intensive medical supervision. (2011-346, s. 2.)

§ 122C-256. Reserved for future codification purposes.

§ 122C-257. Reserved for future codification purposes.

§ 122C-258. Reserved for future codification purposes.

§ 122C-259. Reserved for future codification purposes.

§ 122C-260. Reserved for future codification purposes.

Part 7. Involuntary Commitment of the Mentally Ill; Facilities
for the Mentally Ill.

§ 122C-261. Affidavit and petition before clerk or
magistrate when immediate hospitalization is not necessary; custody order.

(a) Anyone who has knowledge of an individual who is
mentally ill and either (i) dangerous to self, as defined in G.S. 122C-3(11)a.,
or dangerous to others, as defined in G.S. 122C-3(11)b., or (ii) in need of
treatment in order to prevent further disability or deterioration that would
predictably result in dangerousness, may appear before a clerk or assistant or
deputy clerk of superior court or a magistrate and execute an affidavit to this
effect, and petition the clerk or magistrate for issuance of an order to take
the respondent into custody for examination by a physician or eligible
psychologist. The affidavit shall include the facts on which the affiant's
opinion is based. If the affiant has knowledge or reasonably believes that the
respondent, in addition to being mentally ill, is also mentally retarded, this
fact shall be stated in the affidavit. Jurisdiction under this subsection is in
the clerk or magistrate in the county where the respondent resides or is found.

(b) If the clerk or magistrate finds reasonable
grounds to believe that the facts alleged in the affidavit are true and that
the respondent is probably mentally ill and either (i) dangerous to self, as
defined in G.S. 122C-3(11)a., or dangerous to others, as defined in G.S. 122C-3(11)b.,
or (ii) in need of treatment in order to prevent further disability or
deterioration that would predictably result in dangerousness, the clerk or
magistrate shall issue an order to a law enforcement officer or any other
person authorized under G.S. 122C-251 to take the respondent into custody for
examination by a physician or eligible psychologist. If the clerk or magistrate
finds that, in addition to probably being mentally ill, the respondent is also
probably mentally retarded, the clerk or magistrate shall contact the area
authority before issuing a custody order and the area authority shall designate
the facility to which the respondent is to be taken for examination by a
physician or eligible psychologist. The clerk or magistrate shall provide the
petitioner and the respondent, if present, with specific information regarding
the next steps that will occur for the respondent.

(c) If the clerk or magistrate issues a custody order,
the clerk or magistrate shall also make inquiry in any reliable way as to
whether the respondent is indigent within the meaning of G.S. 7A-450. A
magistrate shall report the result of this inquiry to the clerk.

(d) If the affiant is a physician or eligible
psychologist, all of the following apply:

(1) The affiant may execute the affidavit before any
official authorized to administer oaths. This affiant is not required to appear
before the clerk or magistrate for this purpose. This affiant shall file the
affidavit with the clerk or magistrate by delivering to the clerk or magistrate
the original affidavit or a copy in paper form that is printed through the
facsimile transmission of the affidavit. If the affidavit is filed through
facsimile transmission, the affiant shall mail the original affidavit no later
than five days after the facsimile transmission of the affidavit to the clerk
or magistrate to be filed by the clerk or magistrate with the facsimile copy of
the affidavit.

(2) This affiant's examination shall comply with the
requirements of the initial examination as provided in G.S. 122C-263(c).

(3) If the physician or eligible psychologist
recommends outpatient commitment and the clerk or magistrate finds probable
cause to believe that the respondent meets the criteria for outpatient
commitment, the clerk or magistrate shall issue an order that a hearing before
a district court judge be held to determine whether the respondent will be
involuntarily committed. The physician or eligible psychologist shall provide
the respondent with written notice of any scheduled appointment and the name,
address, and telephone number of the proposed outpatient treatment physician or
center. The physician or eligible psychologist shall contact the local
management entity that serves the county where the respondent resides or the
local management entity that coordinated services for the respondent to inform
the local management entity that the respondent has been scheduled for an
appointment with an outpatient treatment physician or center.

(4) If the physician or eligible psychologist
recommends inpatient commitment and the clerk or magistrate finds probable
cause to believe that the respondent meets the criteria for inpatient
commitment, the clerk or magistrate shall issue an order for transportation to
or custody at a 24-hour facility described in G.S. 122C-252, provided that if a
24-hour facility is not immediately available or appropriate to the
respondent's medical condition, the respondent may be temporarily detained
under appropriate supervision and, upon further examination, released in
accordance with G.S. 122C-263(d)(2).

(5) If the affiant is a physician or eligible
psychologist at a 24-hour facility described in G.S. 122C-252 who recommends
inpatient commitment; the respondent is physically present on the premises of
the same 24-hour facility; and the clerk or magistrate finds probable cause to
believe that the respondent meets the criteria for inpatient commitment, then
the clerk or magistrate may issue an order by facsimile transmission or may
issue an electronically scanned order by electronic transmission to the
physician or eligible psychologist at the 24-hour facility, or a designee, to
take the respondent into custody at the 24-hour facility and proceed according
to G.S. 122C-266. Upon receipt of the custody order, the physician or eligible
psychologist at the 24-hour facility, or a designee, shall immediately (i)
notify the respondent that the respondent is not under arrest and has not
committed a crime but is being taken into custody to receive treatment and for
the respondent's own safety and the safety of others, (ii) take the respondent
into custody, and (iii) complete and sign the appropriate portion of the
custody order and return the order to the clerk or magistrate either by
facsimile transmission or by scanning it and sending it by electronic
transmission. The physician or eligible psychologist, or a designee, shall mail
the original custody order no later than five days after returning it by means
of facsimile or electronic transmission to the clerk or magistrate. The clerk
or magistrate shall file the original custody order with the copy of the
custody order that was electronically returned.

Notwithstanding the provisions
of this subdivision, a clerk or magistrate shall not issue a custody order to a
physician or eligible psychologist at a 24-hour facility, or a designee, if the
physician or eligible psychologist, or a designee, has not completed training
in proper service and return of service. As used in this subdivision, the term
"designee" includes the 24-hour facility's on-site police security
personnel.

The Department of Health and
Human Services shall cooperate and collaborate with the Administrative Office
of the Courts and the UNC School of Government to develop protocols to
implement this section, including a procedure for notifying clerks and
magistrates of the names of the physicians, psychologists, and designees who
have completed the training. The Secretary of the Department shall oversee
implementation of these protocols.

(6) If the clerk or magistrate finds probable cause to
believe that the respondent, in addition to being mentally ill, is also
mentally retarded, the clerk or magistrate shall contact the area authority
before issuing the order and the area authority shall designate the facility to
which the respondent is to be transported.

(7) If a physician or eligible psychologist executes an
affidavit for inpatient commitment of a respondent, a second physician shall be
required to perform the examination required by G.S. 122C-266.

(e) Except as provided in subdivision (5) of
subsection (d) of this section, upon receipt of the custody order of the clerk
or magistrate or a custody order issued by the court pursuant to G.S. 15A-1003,
a law enforcement officer or other person designated in the order shall take
the respondent into custody within 24 hours after the order is signed, and
proceed according to G.S. 122C-263. The custody order is valid throughout the
State.

(f) When a petition is filed for an individual who is
a resident of a single portal area, the procedures for examination by a
physician or eligible psychologist as set forth in G.S. 122C-263 shall be
carried out in accordance with the area plan. Prior to issuance of a custody
order for a respondent who resides in an area authority with a single portal
plan, the clerk or magistrate shall communicate with the area authority to
determine the appropriate 24-hour facility to which the respondent should be
admitted according to the area plan or to determine if there are more
appropriate resources available through the area authority to assist the
petitioner or the respondent. When an individual from a single portal area is
presented for commitment at a 24-hour area or State facility directly, the
individual may not be accepted for admission until the facility notifies the
area authority and the area authority agrees to the admission. If the area
authority does not agree to the admission, it shall determine the appropriate
24-hour facility to which the individual should be admitted according to the
area plan or determine if there are more appropriate resources available
through the area authority to assist the individual. If the area authority
agrees to the admission, further planning of treatment for the client is the
joint responsibility of the area authority and the facility as prescribed in
the area plan.

Notwithstanding the provisions of this section, in no event
shall an individual known or reasonably believed to be mentally retarded be
admitted to a State psychiatric hospital, except as follows:

(1) Persons described in G.S. 122C-266(b);

(2) Persons admitted pursuant to G.S. 15A-1321;

(3) Respondents who are so extremely dangerous as to
pose a serious threat to the community and to other patients committed to non-State
hospital psychiatric inpatient units, as determined by the Director of the
Division of Mental Health, Developmental Disabilities, and Substance Abuse
Services or his designee; and

(4) Respondents who are so gravely disabled by both
multiple disorders and medical fragility or multiple disorders and deafness
that alternative care is inappropriate, as determined by the Director of the
Division of Mental Health, Developmental Disabilities, and Substance Abuse
Services or his designee.

Individuals transported to a State facility for the mentally
ill who are not admitted by the facility may be transported by law enforcement
officers or designated staff of the State facility in State-owned vehicles to
an appropriate 24-hour facility that provides psychiatric inpatient care.

(a) Anyone, including a law enforcement officer, who
has knowledge of an individual who is subject to inpatient commitment according
to the criteria of G.S. 122C-261(a) and who requires immediate hospitalization
to prevent harm to self or others, may transport the individual directly to an
area facility or other place, including a State facility for the mentally ill,
for examination by a physician or eligible psychologist in accordance with G.S.
122C-263(c).

(b) Upon examination by the physician or eligible
psychologist, if the individual meets the criteria required in G.S. 122C-261(a),
the physician or eligible psychologist shall so certify in writing before any
official authorized to administer oaths. The certificate shall also state the
reason that the individual requires immediate hospitalization. If the physician
or eligible psychologist knows or has reason to believe that the individual is
mentally retarded, the certificate shall so state.

(c) If the physician or eligible psychologist executes
the oath, appearance before a magistrate shall be waived. The physician or
eligible psychologist shall send a copy of the certificate to the clerk of
superior court by the most reliable and expeditious means. If it cannot be
reasonably anticipated that the clerk will receive the copy within 24 hours,
excluding Saturday, Sunday, and holidays, of the time that it was signed, the
physician or eligible psychologist shall also communicate the findings to the
clerk by telephone.

(d) Anyone, including a law enforcement officer if
necessary, may transport the individual to a 24-hour facility described in G.S.
122C-252 for examination and treatment pending a district court hearing. If
there is no area 24-hour facility and if the respondent is indigent and unable
to pay for care at a private 24-hour facility, the law enforcement officer or
other designated person providing transportation shall take the respondent to a
State facility for the mentally ill designated by the Commission in accordance
with G.S. 143B-147(a)(1)a and immediately notify the clerk of superior court of
this action. The physician's or eligible psychologist's certificate shall serve
as the custody order and the law enforcement officer or other designated person
shall provide transportation in accordance with the provisions of G.S. 122C-251.

In the event an individual known or reasonably believed to be
mentally retarded is transported to a State facility for the mentally ill, in
no event shall that individual be admitted to that facility except as follows:

(1) Persons described in G.S. 122C-266(b);

(2) Persons admitted pursuant to G.S. 15A-1321;

(3) Respondents who are so extremely dangerous as to
pose a serious threat to the community and to other patients committed to non-State
hospital psychiatric inpatient units, as determined by the Director of the
Division of Mental Health, Developmental Disabilities, and Substance Abuse
Services or his designee; and

(4) Respondents who are so gravely disabled by both
multiple disorders and medical fragility or multiple disorders and deafness
that alternative care is inappropriate, as determined by the Director of the
Division of Mental Health, Developmental Disabilities, and Substance Abuse
Services or his designee.

Individuals transported to a State facility for the mentally
ill who are not admitted by the facility may be transported by law enforcement
officers or designated staff of the State facility in State-owned vehicles to
an appropriate 24-hour facility that provides psychiatric inpatient care.

No later than 24 hours after the transfer, the responsible
professional at the original facility shall notify the petitioner, the clerk of
court, and, if consent is granted by the respondent, the next of kin, that the
transfer has been completed.

(e) Respondents received at a 24-hour facility under
the provisions of this section shall be examined by a second physician in
accordance with G.S. 122C-266. After receipt of notification that the district
court has determined reasonable grounds for the commitment, further proceedings
shall be carried out in the same way as for all other respondents under this
Part. (1973, c. 726, s. 1; c. 1408, s. 1; 1985, c.
589, s. 2; c. 695, s. 2; 1987, c. 596, s. 1; 1995 (Reg. Sess., 1996), c. 739,
s. 7.)

§ 122C-263. Duties of law-enforcement officer; first
examination by physician or eligible psychologist.

(a) Without unnecessary delay after assuming custody,
the law enforcement officer or the individual designated by the clerk or
magistrate under G.S. 122C-251(g) to provide transportation shall take the
respondent to an area facility for examination by a physician or eligible
psychologist; if a physician or eligible psychologist is not available in the
area facility, the person designated to provide transportation shall take the
respondent to any physician or eligible psychologist locally available. If a physician
or eligible psychologist is not immediately available, the respondent may be
temporarily detained in an area facility, if one is available; if an area
facility is not available, the respondent may be detained under appropriate
supervision in the respondent's home, in a private hospital or a clinic, in a
general hospital, or in a State facility for the mentally ill, but not in a
jail or other penal facility.

(b) The examination set forth in subsection (a) of
this section is not required if:

(1) The affiant who obtained the custody order is a
physician or eligible psychologist who recommends inpatient commitment;

(2) The custody order states that the respondent was
charged with a violent crime, including a crime involving assault with a deadly
weapon, and he was found incapable of proceeding; or

(3) Repealed by Session Laws 1987, c. 596, s. 3.

In any of these cases, the law-enforcement officer shall take
the respondent directly to a 24-hour facility described in G.S. 122C-252.

(c) The physician or eligible psychologist described
in subsection (a) of this section shall examine the respondent as soon as
possible, and in any event within 24 hours, after the respondent is presented
for examination. When the examination set forth in subsection (a) of this section
is performed by a physician or eligible psychologist the respondent may either
be in the physical face-to-face presence of the physician or eligible
psychologist or may be examined utilizing telemedicine equipment and
procedures. A physician or eligible psychologist who examines a respondent by
means of telemedicine must be satisfied to a reasonable medical certainty that
the determinations made in accordance with subsection (d) of this section would
not be different if the examination had been done in the physical presence of
the physician or eligible psychologist. A physician or eligible psychologist
who is not so satisfied must note that the examination was not satisfactorily
accomplished, and the respondent must be taken for a face-to-face examination
in the physical presence of a person authorized to perform examinations under
this section. As used in this subsection, "telemedicine" is the use
of two-way real-time interactive audio and video between places of lesser and
greater medical capability or expertise to provide and support health care when
distance separates participants who are in different geographical locations. A
recipient is referred by one provider to receive the services of another
provider via telemedicine.

The examination shall include but is not limited to an
assessment of the respondent's:

(2) Dangerousness to self, as defined in G.S. 122C-3(11)a.
or others, as defined in G.S. 122C-3(11)b.;

(3) Ability to survive safely without inpatient
commitment, including the availability of supervision from family, friends or
others; and

(4) Capacity to make an informed decision concerning
treatment.

(d) After the conclusion of the examination the
physician or eligible psychologist shall make the following determinations:

(1) If the physician or eligible psychologist finds
that:

a. The respondent is mentally ill;

b. The respondent is capable of surviving safely in
the community with available supervision from family, friends, or others;

c. Based on the respondent's psychiatric history, the
respondent is in need of treatment in order to prevent further disability or
deterioration that would predictably result in dangerousness as defined by G.S.
122C-3(11); and

d. The respondent's current mental status or the
nature of the respondent's illness limits or negates the respondent's ability
to make an informed decision to seek voluntarily or comply with recommended
treatment.

The physician or eligible psychologist
shall so show on the examination report and shall recommend outpatient
commitment. In addition the examining physician or eligible psychologist shall
show the name, address, and telephone number of the proposed outpatient treatment
physician or center. The person designated in the order to provide
transportation shall return the respondent to the respondent's regular
residence or, with the respondent's consent, to the home of a consenting
individual located in the originating county, and the respondent shall be
released from custody.

(2) If the physician or eligible psychologist finds
that the respondent is mentally ill and is dangerous to self, as defined in
G.S. 122C-3(11)a., or others, as defined in G.S. 122C-3(11)b., the physician or
eligible psychologist shall recommend inpatient commitment, and shall so show
on the examination report. If, in addition to mental illness and dangerousness,
the physician or eligible psychologist also finds that the respondent is known
or reasonably believed to be mentally retarded, this finding shall be shown on
the report. The law enforcement officer or other designated person shall take
the respondent to a 24-hour facility described in G.S. 122C-252 pending a
district court hearing. If there is no area 24-hour facility and if the
respondent is indigent and unable to pay for care at a private 24-hour
facility, the law enforcement officer or other designated person shall take the
respondent to a State facility for the mentally ill designated by the Commission
in accordance with G.S. 143B-147(a)(1)a. for custody, observation, and
treatment and immediately notify the clerk of superior court of this action. If
a 24-hour facility is not immediately available or appropriate to the
respondent's medical condition, the respondent may be temporarily detained
under appropriate supervision at the site of the first examination, provided
that at anytime that a physician or eligible psychologist determines that the
respondent is no longer in need of inpatient commitment, the proceedings shall
be terminated and the respondent transported and released in accordance with
subdivision (3) of this subsection. However, if the physician or eligible
psychologist determines that the respondent meets the criteria for outpatient commitment,
as defined in subdivision (1) of this subsection, the physician or eligible
psychologist may recommend outpatient commitment, and the respondent shall be
transported and released in accordance with subdivision (1) of this subsection.
Any decision to terminate the proceedings or to recommend outpatient commitment
after an initial recommendation of inpatient commitment shall be documented and
reported to the clerk of superior court in accordance with subsection (e) of
this section. If the respondent is temporarily detained and a 24-hour facility
is not available or medically appropriate seven days after the issuance of the
custody order, a physician or psychologist shall report this fact to the clerk
of superior court and the proceedings shall be terminated. Termination of
proceedings pursuant to this subdivision shall not prohibit or prevent the
initiation of new involuntary commitment proceedings when appropriate.
Affidavits filed in support of proceedings terminated pursuant to this
subdivision may not be submitted in support of any subsequent petitions for
involuntary commitment. If the affiant initiating new commitment proceedings is
a physician or eligible psychologist, the affiant shall conduct a new
examination and may not rely upon examinations conducted as part of proceedings
terminated pursuant to this subdivision.

In the event an individual known or
reasonably believed to be mentally retarded is transported to a State facility
for the mentally ill, in no event shall that individual be admitted to that
facility except as follows:

a. Persons described in G.S. 122C-266(b);

b. Persons admitted pursuant to G.S. 15A-1321;

c. Respondents who are so extremely dangerous as to
pose a serious threat to the community and to other patients committed to non-State
hospital psychiatric inpatient units, as determined by the Director of the
Division of Mental Health, Developmental Disabilities, and Substance Abuse
Services or his designee; and

d. Respondents who are so gravely disabled by both
multiple disorders and medical fragility or multiple disorders and deafness
that alternative care is inappropriate, as determined by the Director of the
Division of Mental Health, Developmental Disabilities, and Substance Abuse
Services or his designee.

Individuals transported to a State
facility for the mentally ill who are not admitted by the facility may be
transported by law enforcement officers or designated staff of the State
facility in State-owned vehicles to an appropriate 24-hour facility that
provides psychiatric inpatient care.

No later than 24 hours after the
transfer, the responsible professional at the original facility shall notify
the petitioner, the clerk of court, and, if consent is granted by the
respondent, the next of kin, that the transfer has been completed.

(3) If the physician or eligible psychologist finds
that neither condition described in subdivisions (1) or (2) of this subsection
exists, the proceedings shall be terminated. The person designated in the order
to provide transportation shall return the respondent to the respondent's
regular residence or, with the respondent's consent, to the home of a
consenting individual located in the originating county and the respondent
shall be released from custody.

(e) The findings of the physician or eligible
psychologist and the facts on which they are based shall be in writing in all
cases. The physician or eligible psychologist shall send a copy of the findings
to the clerk of superior court by the most reliable and expeditious means. If
it cannot be reasonably anticipated that the clerk will receive the copy within
48 hours of the time that it was signed, the physician or eligible psychologist
shall also communicate his findings to the clerk by telephone.

(f) When outpatient commitment is recommended, the
examining physician or eligible psychologist, if different from the proposed
outpatient treatment physician or center, shall give the respondent a written
notice listing the name, address, and telephone number of the proposed
outpatient treatment physician or center and directing the respondent to appear
at the address at a specified date and time. The examining physician or
eligible psychologist before the appointment shall notify by telephone the
designated outpatient treatment physician or center and shall send a copy of
the notice and his examination report to the physician or center.

§ 122C-263.1. Secretary's authority to waive requirement of
first examination by physician or eligible psychologist; training of certified
providers performing first examinations.

(a) The Secretary of Health and Human Services may,
upon request of an LME, waive the requirements of G.S. 122C-261 through G.S.
122C-263 and G.S. 122C-281 through G.S. 122C-283 pertaining to initial (first-level)
examinations by a physician or eligible psychologist of individuals meeting the
criteria of G.S. 122C-261(a) or G.S. 122C-281(a), as applicable, as follows:

(1) The Secretary has received a request from an LME to
substitute for a physician or eligible psychologist, a licensed clinical social
worker, a master's level psychiatric nurse, or a master's level certified
clinical addictions specialist in accordance with subdivision (8) of this
subsection to conduct the initial (first-level) examinations of individuals
meeting the criteria of G.S. 122C-261(a) or G.S. 122C-281(a). In making this
type of request, the LME shall specifically describe all of the following:

a. How the purpose of the statutory requirement would
be better served by waiving the requirement and substituting the proposed
change under the waiver.

b. How the waiver will enable the LME to improve the
delivery or management of mental health, developmental disabilities, and
substance abuse services.

c. How the health, safety, and welfare of individuals
will continue to be at least as well protected under the waiver as under the
statutory requirement.

(2) The Secretary shall review the request and may
approve it upon finding all of the following:

a. The request meets the requirements of this section.

b. The request furthers the purposes of State policy
under G.S. 122C-2 and mental health, developmental disabilities, and substance
abuse services reform.

c. The request improves the delivery of mental health,
developmental disabilities, and substance abuse services in the counties
affected by the waiver and also protects the health, safety, and welfare of
individuals receiving these services.

(3) The Secretary shall evaluate the effectiveness,
quality, and efficiency of mental health, developmental disabilities, and
substance abuse services and protection of health, safety, and welfare under
the waiver.

(4) A waiver granted by the Secretary under this
section shall be in effect for a period of up to three years and may be
rescinded at any time within this period if the Secretary finds the LME has failed
to meet the requirements of this section.

(5) In no event shall the substitution of a licensed
clinical social worker, master's level psychiatric nurse, or master's level
certified clinical addictions specialist under a waiver granted under this section
be construed as authorization to expand the scope of practice of the licensed
clinical social worker, the master's level psychiatric nurse, or the master's
level certified clinical addictions specialist.

(6) The Department shall require that individuals
performing initial examinations under the waiver have successfully completed
the Department's standardized training program and examination. The Department
shall maintain a list of these individuals on its Web site.

(7) As part of its waiver request, the LME shall
document the availability of a physician to provide backup support.

(8) A master's level certified clinical addiction
specialist shall only be authorized to conduct the initial examination of
individuals meeting the criteria of G.S. 122C-281(a).

(b) The Division of Mental Health, Developmental
Disabilities, and Substance Abuse Services shall expand its standardized
certification training program to include refresher training for all certified
providers performing initial examinations pursuant to subsection (a) of this
section. (2011-346, s. 1.)

An acute care hospital licensed under Chapter 131E, a
department thereof, or other site of first examination that that uses
reasonable safety or containment measures and precautions to manage the
population of patients being held under appropriate supervision pending
involuntary commitment placement and that does not otherwise operate as a
licensable mental health facility shall not be deemed to be acting as a 24-hour
facility; operating a psychiatric, substance abuse, or special care unit;
offering psychiatric or substance abuse services; or acting as a licensed or
unlicensed mental health facility. Actions considered to be reasonable safety
or containment measures and precautions shall include the following: (i)
altering rooms or removing items to prevent injury; (ii) placing patients in a
consolidated location of the hospital; (iii) improvements to security and
protection of staff; and (iv) any other reasonable measures that do not violate
applicable law.

Reasonable safety or containment measures and precautions
shall not be considered a violation of rules regulating acute care hospitals or
mental health facilities. Placing patients in a consolidated location of the
hospital pursuant to this subsection shall not constitute a special care unit.
Nothing in this subsection relieves an acute care hospital or other site of
first examination from complying with all other applicable laws or rules. (2012-128, s. 1.)

§ 122C-264. Duties of clerk of superior court and the
district attorney.

(a) Upon receipt of a physician's or eligible
psychologist's finding that the respondent meets the criteria of G.S. 122C-263(d)(1)
and that outpatient commitment is recommended, the clerk of superior court of
the county where the petition was initiated, upon direction of a district court
judge, shall calendar the matter for hearing and shall notify the respondent,
the proposed outpatient treatment physician or center, and the petitioner of
the time and place of the hearing. The petitioner may file a written waiver of
his right to notice under this subsection with the clerk of court.

(b) Upon receipt of a physician's or eligible
psychologist's finding that a respondent meets the criteria of G.S. 122C-263(d)(2)
and that inpatient commitment is recommended, the clerk of superior court of
the county where the 24-hour facility is located shall, after determination
required by G.S. 122C-261(c) and upon direction of a district court judge,
assign counsel if necessary, calendar the matter for hearing, and notify the
respondent, his counsel, and the petitioner of the time and place of the
hearing. The petitioner may file a written waiver of his right to notice under
this subsection with the clerk of court.

(b1) Upon receipt of a physician's or eligible
psychologist's certificate that a respondent meets the criteria of G.S. 122C-261(a)
and that immediate hospitalization is needed pursuant to G.S. 122C-262, the
clerk of superior court of the county where the treatment facility is located
shall submit the certificate to the Chief District Court Judge. The court shall
review the certificate within 24 hours, excluding Saturday, Sunday, and
holidays, for a finding of reasonable grounds in accordance with 122C-261(b).
The clerk shall notify the treatment facility of the court's findings by
telephone and shall proceed as set forth in subsections (b), (c), and (f) of
this section.

(c) Notice to the respondent, required by subsections
(a) and (b) of this section, shall be given as provided in G.S. 1A-1, Rule 4(j)
at least 72 hours before the hearing. Notice to other individuals shall be sent
at least 72 hours before the hearing by first-class mail postage prepaid to the
individual's last known address. G.S. 1A-1, Rule 6 shall not apply.

(d) In cases described in G.S. 122C-266(b) in addition
to notice required in subsections (a) and (b) of this section, the clerk of
superior court shall notify the chief district judge and the district attorney
in the county in which the defendant was found incapable of proceeding. The
notice shall be given in the same way as the notice required by subsection (c)
of this section. The judge or the district attorney may file a written waiver
of his right to notice under this subsection with the clerk of court.

(d1) For hearings and rehearings pursuant to G.S. 122C-268.1
and G.S. 122C-276.1, the clerk of superior court shall calendar the hearing or
rehearing and shall notify the respondent, his counsel, counsel for the State,
and the district attorney involved in the original trial. The notice shall be
given in the same manner as the notice required by subsection (c) of this
section. Upon receipt of the notice, the district attorney shall notify any
persons he deems appropriate, including anyone who has filed with his office a
written request for notification of any hearing or rehearing concerning
discharge or conditional release of a respondent. Notice sent by the district
attorney shall be by first-class mail to the person's last known address.

(e) The clerk of superior court of the county where
outpatient commitment is to be supervised shall keep a separate list regarding
outpatient commitment and shall prepare quarterly reports listing all active
cases, the assigned supervisor, and the disposition of all hearings,
supplemental hearings, and rehearings.

(f) The clerk of superior court of the county where
inpatient commitment hearings and rehearings are held shall provide all
notices, send all records and maintain a record of all proceedings as required
by this Part; provided that if the respondent has been committed to a 24-hour
facility in a county other than his county of residence and the district court
hearing is held in the county of the facility, the clerk of superior court in
the county of the facility shall forward the record of the proceedings to the
clerk of superior court in the county of respondent's residence, where they
shall be maintained by receiving clerk. (1973, c.
1408, s. 1; 1977, c. 400, s. 5; c. 414, s. 1; 1979, c. 915, s. 5; 1983, c. 380,
s. 9; c. 638, ss. 8, 16; c. 864, s. 4; 1985, c. 589, s. 2; c. 695, s. 7; 1985
(Reg. Sess., 1986), c. 863, s. 19; 1987, c. 596, s. 2; 1991, c. 37, s. 4; 1995
(Reg. Sess., 1996), c. 739, s. 9.)

(a) If a respondent, who has been recommended for
outpatient commitment by an examining physician or eligible psychologist
different from the proposed outpatient treatment physician or center, fails to
appear for examination by the proposed outpatient treatment physician or center
at the designated time, the physician or center shall notify the clerk of
superior court who shall issue an order to a law-enforcement officer or other
person authorized under G.S. 122C-251 to take the respondent into custody and
take him immediately to the outpatient treatment physician or center for
evaluation. The custody order is valid throughout the State. The law-enforcement
officer may wait during the examination and return the respondent to his home
after the examination.

(b) The examining physician or the proposed outpatient
treatment physician or center may prescribe to the respondent reasonable and
appropriate medication and treatment that are consistent with accepted medical
standards pending the district court hearing.

(c) In no event may a respondent released on a
recommendation that he meets the outpatient commitment criteria be physically
forced to take medication or forceably detained for treatment pending a
district court hearing.

(d) If at any time pending the district court hearing
the outpatient treatment physician or center determines that the respondent
does not meet the criteria of G.S. 122C-263(d)(1), he shall release the
respondent and notify the clerk of court and the proceedings shall be
terminated.

(e) If a respondent becomes dangerous to himself, as
defined in G.S. 122C-3(11)a., or others, as defined in G.S. 122C-3(11)b.,
pending a district court hearing on outpatient commitment, new proceedings for
involuntary inpatient commitment may be initiated.

(f) If an inpatient commitment proceeding is initiated
pending the hearing for outpatient commitment and the respondent is admitted to
a 24-hour facility to be held for an inpatient commitment hearing, notice shall
be sent by the clerk of court in the county where the respondent is being held
to the clerk of court of the county where the outpatient commitment was
initiated and the outpatient commitment proceeding shall be terminated. (1983, c. 638, s. 11; c. 864, s. 4; 1985, c. 589, s. 2; c.
695, s. 6; 1989 (Reg. Sess., 1990), c. 823, s. 5; 1991, c. 636, s. 2(2); c.
761, s. 49; 2004-23, s. 2(a).)

(a) Except as provided in subsections (b) and (e),
within 24 hours of arrival at a 24-hour facility described in G.S. 122C-252,
the respondent shall be examined by a physician. This physician shall not be
the same physician who completed the certificate or examination under the
provisions of G.S. 122C-262 or G.S. 122C-263. The examination shall include but
is not limited to the assessment specified in G.S. 122C-263(c).

(1) If the physician finds that the respondent is
mentally ill and is dangerous to self, as defined by G.S. 122C-3(11)a., or
others, as defined by G.S. 122C-3(11)b., the physician shall hold the
respondent at the facility pending the district court hearing.

(2) If the physician finds that the respondent meets
the criteria for outpatient commitment under G.S. 122C-263(d)(1), the physician
shall show these findings on the physician's examination report, release the
respondent pending the district court hearing, and notify the clerk of superior
court of the county where the petition was initiated of these findings. In
addition, the examining physician shall show on the examination report the
name, address, and telephone number of the proposed outpatient treatment
physician or center. The physician shall give the respondent a written notice
listing the name, address, and telephone number of the proposed outpatient
treatment physician or center and directing the respondent to appear at that
address at a specified date and time. The examining physician before the
appointment shall notify by telephone and shall send a copy of the notice and
the examination report to the proposed outpatient treatment physician or
center.

(3) If the physician finds that the respondent does not
meet the criteria for commitment under either G.S. 122C-263(d)(1) or G.S. 122C-263(d)(2),
the physician shall release the respondent and the proceedings shall be
terminated.

(4) If the respondent is released under subdivisions
(2) or (3) of this subsection, the law enforcement officer or other person
designated to provide transportation shall return the respondent to the
respondent's residence in the originating county or, if requested by the
respondent, to another location in the originating county.

(b) If the custody order states that the respondent
was charged with a violent crime, including a crime involving assault with a
deadly weapon, and that he was found incapable of proceeding, the physician
shall examine him as set forth in subsection (a) of this section. However, the
physician may not release him from the facility until ordered to do so
following the district court hearing.

(c) The findings of the physician and the facts on
which they are based shall be in writing, in all cases. A copy of the findings
shall be sent to the clerk of superior court by reliable and expeditious means.

(d) Pending the district court hearing, the physician
attending the respondent may administer to the respondent reasonable and
appropriate medication and treatment that is consistent with accepted medical
standards. Except as provided in subsection (b) of this section, if at any time
pending the district court hearing, the attending physician determines that the
respondent no longer meets the criteria of either G.S. 122C-263(d)(1) or
(d)(2), he shall release the respondent and notify the clerk of court and the
proceedings shall be terminated.

(a) A hearing shall be held in district court within
10 days of the day the respondent is taken into custody pursuant to G.S. 122C-261(e).
Upon its own motion or upon motion of the proposed outpatient treatment
physician or the respondent, the court may grant a continuance of not more than
five days.

(b) The respondent shall be present at the hearing. A
subpoena may be issued to compel the respondent's presence at a hearing. The
petitioner and the proposed outpatient treatment physician or his designee may
be present and may provide testimony.

(c) Certified copies of reports and findings of
physicians and psychologists and medical records of previous and current
treatment are admissible in evidence.

(d) At the hearing to determine the necessity and
appropriateness of outpatient commitment, the respondent need not, but may, be
represented by counsel. However, if the court determines that the legal or
factual issues raised are of such complexity that the assistance of counsel is
necessary for an adequate presentation of the merits or that the respondent is
unable to speak for himself, the court may continue the case for not more than
five days and order the appointment of counsel for an indigent respondent.
Appointment of counsel shall be in accordance with rules adopted by the Office
of Indigent Defense Services.

(e) Hearings may be held at the area facility in which
the respondent is being treated, if it is located within the judge's district
court district as defined in G.S. 7A-133, or in the judge's chambers. A hearing
may not be held in a regular courtroom, over objection of the respondent, if in
the discretion of a judge a more suitable place is available.

(f) The hearing shall be closed to the public unless
the respondent requests otherwise.

(g) A copy of all documents admitted into evidence and
a transcript of the proceedings shall be furnished to the respondent on request
by the clerk upon the direction of a district court judge. If the client is
indigent, the copies shall be provided at State expense.

(a) A hearing shall be held in district court within
10 days of the day the respondent is taken into law enforcement custody
pursuant to G.S. 122C-261(e) or G.S. 122C-262. A continuance of not more than
five days may be granted upon motion of:

(1) The court;

(2) Respondent's counsel; or

(3) The State, sufficiently in advance to avoid
movement of the respondent.

(b) The attorney, who is a member of the staff of the
Attorney General assigned to one of the State's facilities for the mentally ill
or the psychiatric service of the University of North Carolina Hospitals at
Chapel Hill, shall represent the State's interest at commitment hearings,
rehearings, and supplemental hearings held for respondents admitted pursuant to
this Part or G.S. 15A-1321 at the facility to which he is assigned.

In addition, the Attorney General may, in his discretion,
designate an attorney who is a member of his staff to represent the State's
interest at any commitment hearing, rehearing, or supplemental hearing held in
a place other than at one of the State's facilities for the mentally ill or the
psychiatric service of the University of North Carolina Hospitals at Chapel
Hill.

(c) If the respondent's custody order indicates that
he was charged with a violent crime, including a crime involving an assault
with a deadly weapon, and that he was found incapable of proceeding, the clerk
shall give notice of the time and place of the hearing as provided in G.S. 122C-264(d).
The district attorney in the county in which the respondent was found incapable
of proceeding may represent the State's interest at the hearing.

(d) The respondent shall be represented by counsel of
his choice; or if he is indigent within the meaning of G.S. 7A-450 or refuses
to retain counsel if financially able to do so, he shall be represented by
counsel appointed in accordance with rules adopted by the Office of Indigent
Defense Services.

(e) With the consent of the court, counsel may in
writing waive the presence of the respondent.

(f) Certified copies of reports and findings of
physicians and psychologists and previous and current medical records are
admissible in evidence, but the respondent's right to confront and cross-examine
witnesses may not be denied.

(g) Hearings may be held in an appropriate room not
used for treatment of clients at the facility in which the respondent is being
treated if it is located within the judge's district court district as defined
in G.S. 7A-133, by interactive videoconferencing between a treatment facility
and a courtroom, or in the judge's chambers. A hearing may not be held in a
regular courtroom, over objection of the respondent, if in the discretion of a
judge a more suitable place is available.

(h) The hearing shall be closed to the public unless
the respondent requests otherwise.

(i) A copy of all documents admitted into evidence
and a transcript of the proceedings shall be furnished to the respondent on
request by the clerk upon the direction of a district court judge. If the
respondent is indigent, the copies shall be provided at State expense.

(a) A respondent who is committed pursuant to G.S. 15A-1321
shall be provided a hearing, unless waived, before the expiration of 50 days
from the date of his commitment.

(b) The district attorney in the county in which the
respondent was found not guilty by reason of insanity may represent the State's
interest at the hearing, rehearings, and supplemental rehearings.
Notwithstanding the provisions of G.S. 122C-269, if the district attorney
elects to represent the State's interest, upon motion of the district attorney,
the venue for the hearing, rehearings, and supplemental rehearings shall be the
county in which the respondent was found not guilty by reason of insanity. If
the district attorney declines to represent the State's interest, then the
representation shall be determined as follows. An attorney, who is a member of
the staff of the Attorney General assigned to one of the State's facilities for
the mentally ill or the psychiatric service of the University of North Carolina
Hospitals at Chapel Hill, may represent the State's interest at commitment
hearings, rehearings, and supplemental hearings. Alternatively, the Attorney
General may, in his discretion, designate an attorney who is a member of his
staff to represent the State's interest at any commitment hearing, rehearing,
or supplemental hearing.

(c) The clerk shall give notice of the time and place
of the hearing as provided in G.S. 122C-264(d1).

(d) The respondent shall be represented by counsel of
his choice, or if he is indigent within the meaning of G.S. 7A-450 or refuses
to retain counsel if financially able to do so, he shall be represented by
counsel appointed in accordance with rules adopted by the Office of Indigent
Defense Services.

(e) With the consent of the court, counsel may in
writing waive the presence of the respondent.

(f) Certified copies of reports and findings of
physicians and psychologists and previous and current medical records are
admissible in evidence, but the respondent's right to confront and cross-examine
witnesses may not be denied.

(g) The hearing shall take place in the trial division
in which the original trial was held. The hearing shall be open to the public.
For purposes of this subsection, "trial division" means either the
superior court division or the district court division of the General Court of
Justice.

(h) A copy of all documents admitted into evidence and
a transcript of the proceedings shall be furnished to the respondent on request
by the clerk upon the direction of the presiding judge. If the respondent is
indigent, the copies shall be provided at State expense.

(i) The respondent shall bear the burden to prove by
a preponderance of the evidence that he (i) no longer has a mental illness as
defined in G.S. 122C-3(21), or (ii) is no longer dangerous to others as defined
in G.S. 122C-3(11)b. If the court is so satisfied, then the court shall order
the respondent discharged and released. If the court finds that the respondent
has not met his burden of proof, then the court shall order that inpatient
commitment continue at a 24-hour facility designated pursuant to G.S. 122C-252
for a period not to exceed 90 days. The court shall make a written record of
the facts that support its findings.

§ 122C-269. Venue of hearing when respondent held at a 24-hour
facility pending hearing.

(a) In all cases where the respondent is held at a 24-hour
facility pending hearing as provided in G.S. 122C-268, G.S. 122C-268.1, 122C-276.1,
or 122C-277(b1), unless the respondent through counsel objects to the venue,
the hearing shall be held in the county in which the facility is located. Upon
objection to venue, the hearing shall be held in the county where the petition
was initiated, except as otherwise provided in subsection (c) of this section.

(b) An official of the facility shall immediately notify
the clerk of superior court of the county in which the facility is located of a
determination to hold the respondent pending hearing. That clerk shall request
transmittal of all documents pertinent to the proceedings from the clerk of
superior court where the proceedings were initiated. The requesting clerk shall
assume all duties set forth in G.S. 122C-264. The counsel provided for in G.S.
122C-268(d) shall be appointed in accordance with rules adopted by the Office
of Indigent Defense Services.

(c) Upon motion of any interested person, the venue of
an initial hearing described in G.S. 122C-268(c) or G.S. 122C-268.1 or a
rehearing required by G.S. 122C-276(b), G.S. 122C-276.1, or subsections (b) or
(b1) of G.S. 122C-277 shall be moved to the county in which the respondent was
found not guilty by reason of insanity or incapable of proceeding when the
convenience of witnesses and the ends of justice would be promoted by the
change. (1975, 2nd Sess., c. 983, s. 133; 1981, c.
537, s. 6; 1983, c. 380, s. 7; 1985, c. 589, s. 2; 1991, c. 37, ss. 11, 12;
1995, c. 140, s. 2; 2000-144, s. 41; 2001-487, s. 29.)

§ 122C-270. Attorneys to represent the respondent and the
State.

(a) In a superior court district or set of districts
as defined in G.S. 7A-41.1 in which a State facility for the mentally ill is
located, the Commission on Indigent Defense Services shall appoint an attorney
licensed to practice in North Carolina as special counsel for indigent
respondents who are mentally ill. These special counsel shall serve at the
pleasure of the Commission, may not privately practice law, and shall receive
annual compensation within the salary range for assistant public defenders as fixed
by the Office of Indigent Defense Services. The special counsel shall represent
all indigent respondents at all hearings, rehearings, and supplemental hearings
held at the State facility. Special counsel shall determine indigency in
accordance with G.S. 7A-450(a). Indigency is subject to redetermination by the
presiding judge. If the respondent appeals, counsel for the appeal shall be
appointed in accordance with rules adopted by the Office of Indigent Defense
Services.

(b) The State facility shall provide suitable office
space for the counsel to meet privately with respondents. The Office of
Indigent Defense Services shall provide secretarial and clerical service and
necessary equipment and supplies for the office.

(c) In the event of a vacancy in the office of special
counsel, counsel's incapacity, or a conflict of interest, counsel for indigents
at hearings or rehearings may be assigned in accordance with rules adopted by
the Office of Indigent Defense Services. No mileage or compensation for travel time
is paid to a counsel appointed pursuant to this subsection. Counsel may also be
so assigned when, in the opinion of the Director of the Office of Indigent
Defense Services, the volume of cases warrants.

(d) At hearings held in counties other than those
designated in subsection (a) of this section, counsel for indigent respondents
shall be appointed in accordance with rules adopted by the Office of Indigent
Defense Services.

(e) If the respondent is committed to a non-State 24-hour
facility, assigned counsel remains responsible for the respondent's
representation at the trial level until discharged by order of district court,
until the respondent is unconditionally discharged from the facility, or until
the respondent voluntarily admits himself or herself to the facility. If the
respondent is transferred to a State facility for the mentally ill, assigned
counsel is discharged. If the respondent appeals, counsel for the appeal shall
be appointed in accordance with rules adopted by the Office of Indigent Defense
Services.

(f) The Attorney General may employ four attorneys,
one to be assigned by him full-time to each of the State facilities for the
mentally ill, to represent the State's interest at commitment hearings,
rehearings and supplemental hearings held under this Article at the State
facilities for respondents admitted to those facilities pursuant to Part 3, 4,
7, or 8 of this Article or G.S. 15A-1321 and to provide liaison and
consultation services concerning these matters. These attorneys are subject to
Chapter 126 of the General Statutes and shall also perform additional duties as
may be assigned by the Attorney General. The attorney employed by the Attorney
General in accordance with G.S. 114-4.2B shall represent the State's interest
at commitment hearings, rehearings and supplemental hearings held for
respondents admitted to the University of North Carolina Hospitals at Chapel
Hill pursuant to Part 3, 4, 7, or 8 of this Article or G.S. 15A-1321. (1973, c. 47, s. 2; c. 1408, s. 1; 1977, c. 400, s. 11;
1979, c. 915, s. 12; 1983, c. 275, ss. 1, 2; 1985, c. 589, s. 2; 1987 (Reg.
Sess., 1988), c. 1037, s. 115; 1989, c. 141, s. 12; 1991, c. 257, s. 1; 1995
(Reg. Sess., 1996), c. 739, s. 12(a); 2000-144, s. 42; 2006-264, s. 61(a).)

§ 122C-271. Disposition.

(a) If an examining physician or eligible psychologist
has recommended outpatient commitment and the respondent has been released
pending the district court hearing, the court may make one of the following
dispositions:

(1) If the court finds by clear, cogent, and convincing
evidence that the respondent is mentally ill; that he is capable of surviving
safely in the community with available supervision from family, friends, or
others; that based on respondent's treatment history, the respondent is in need
of treatment in order to prevent further disability or deterioration that would
predictably result in dangerousness as defined in G.S. 122C-3(11); and that the
respondent's current mental status or the nature of his illness limits or
negates his ability to make an informed decision to seek voluntarily or comply
with recommended treatment, it may order outpatient commitment for a period not
in excess of 90 days.

(2) If the court does not find that the respondent
meets the criteria of commitment set out in subdivision (1) of this subsection,
the respondent shall be discharged and the facility at which he was last a
client so notified.

(b) If the respondent has been held in a 24-hour
facility pending the district court hearing pursuant to G.S. 122C-268, the court
may make one of the following dispositions:

(1) If the court finds by clear, cogent, and convincing
evidence that the respondent is mentally ill; that the respondent is capable of
surviving safely in the community with available supervision from family, friends,
or others; that based on respondent's psychiatric history, the respondent is in
need of treatment in order to prevent further disability or deterioration that
would predictably result in dangerousness as defined by G.S. 122C-3(11); and
that the respondent's current mental status or the nature of the respondent's
illness limits or negates the respondent's ability to make an informed decision
voluntarily to seek or comply with recommended treatment, it may order
outpatient commitment for a period not in excess of 90 days. If the commitment
proceedings were initiated as the result of the respondent's being charged with
a violent crime, including a crime involving an assault with a deadly weapon,
and the respondent was found incapable of proceeding, the commitment order
shall so show.

(2) If the court finds by clear, cogent, and convincing
evidence that the respondent is mentally ill and is dangerous to self, as
defined in G.S. 122C-3(11)a., or others, as defined in G.S. 122C-3(11)b., it
may order inpatient commitment at a 24-hour facility described in G.S. 122C-252
for a period not in excess of 90 days. However, no respondent found to be both
mentally retarded and mentally ill may be committed to a State, area or private
facility for the mentally retarded. An individual who is mentally ill and
dangerous to self, as defined in G.S. 122C-3(11)a., or others, as defined in
G.S. 122C-3(11)b., may also be committed to a combination of inpatient and
outpatient commitment at both a 24-hour facility and an outpatient treatment
physician or center for a period not in excess of 90 days. If the commitment
proceedings were initiated as the result of the respondent's being charged with
a violent crime, including a crime involving an assault with a deadly weapon,
and the respondent was found incapable of proceeding, the commitment order
shall so show. If the court orders inpatient commitment for a respondent who is
under an outpatient commitment order, the outpatient commitment is terminated;
and the clerk of the superior court of the county where the district court
hearing is held shall send a notice of the inpatient commitment to the clerk of
superior court where the outpatient commitment was being supervised.

(3) If the court does not find that the respondent
meets either of the commitment criteria set out in subdivisions (1) and (2) of
this subsection, the respondent shall be discharged, and the facility in which
the respondent was last a client so notified.

(4) Before ordering any outpatient commitment, the
court shall make findings of fact as to the availability of outpatient
treatment. The court shall also show on the order the outpatient treatment
physician or center who is to be responsible for the management and supervision
of the respondent's outpatient commitment. When an outpatient commitment order
is issued for a respondent held in a 24-hour facility, the court may order the
respondent held at the facility for no more than 72 hours in order for the
facility to notify the designated outpatient treatment physician or center of
the treatment needs of the respondent. The clerk of court in the county where
the facility is located shall send a copy of the outpatient commitment order to
the designated outpatient treatment physician or center. If the outpatient
commitment will be supervised in a county other than the county where the
commitment originated, the court shall order venue for further court
proceedings to be transferred to the county where the outpatient commitment
will be supervised. Upon an order changing venue, the clerk of superior court
in the county where the commitment originated shall transfer the file to the
clerk of superior court in the county where the outpatient commitment is to be
supervised.

(c) If the respondent was found not guilty by reason
of insanity and has been held in a 24-hour facility pending the court hearing
held pursuant to G.S. 122C-268.1, the court may make one of the following
dispositions:

(1) If the court finds that the respondent has not
proved by a preponderance of the evidence that he no longer has a mental
illness or that he is no longer dangerous to others, it shall order inpatient
treatment at a 24-hour facility for a period not to exceed 90 days.

Judgment of the district court is final. Appeal may be had to
the Court of Appeals by the State or by any party on the record as in civil
cases. Appeal does not stay the commitment unless so ordered by the Court of
Appeals. The Attorney General represents the State's interest on appeal. The
district court retains limited jurisdiction for the purpose of hearing all
reviews, rehearings, or supplemental hearings allowed or required under this
Part. (1973, c. 726, s. 1; c. 1408, s. 1; 1979, c.
915, s. 19; 1985, c. 589, s. 2; 2009-570, s. 27.)

§ 122C-273. Duties for follow-up on commitment order.

(a) Unless prohibited by Chapter 90 of the General
Statutes, if the commitment order directs outpatient treatment, the outpatient
treatment physician may prescribe or administer, or the center may administer,
to the respondent reasonable and appropriate medication and treatment that are
consistent with accepted medical standards.

(1) If the respondent fails to comply or clearly
refuses to comply with all or part of the prescribed treatment, the physician,
the physician's designee, or the center shall make all reasonable effort to
solicit the respondent's compliance. These efforts shall be documented and
reported to the court with a request for a supplemental hearing.

(2) If the respondent fails to comply, but does not
clearly refuse to comply, with all or part of the prescribed treatment after
reasonable effort to solicit the respondent's compliance, the physician, the
physician's designee, or the center may request the court to order the
respondent taken into custody for the purpose of examination. Upon receipt of
this request, the clerk shall issue an order to a law-enforcement officer to
take the respondent into custody and to take him immediately to the designated
outpatient treatment physician or center for examination. The custody order is
valid throughout the State. The law-enforcement officer shall turn the
respondent over to the custody of the physician or center who shall conduct the
examination and then release the respondent. The law-enforcement officer may
wait during the examination and return the respondent to his home after the
examination. An examination conducted under this subsection in which a
physician or eligible psychologist determines that the respondent meets the
criteria for inpatient commitment may be substituted for the first examination
required by G.S. 122C-263 if the clerk or magistrate issues a custody order
within six hours after the examination was performed.

(3) In no case may the respondent be physically forced
to take medication or forcibly detained for treatment unless he poses an
immediate danger to himself or others. In such cases inpatient commitment
proceedings shall be initiated.

(4) At any time that the outpatient treatment physician
or center finds that the respondent no longer meets the criteria set out in
G.S. 122C-263(d)(1), the physician or center shall so notify the court and the
case shall be terminated; provided, however, if the respondent was initially
committed as a result of conduct resulting in his being charged with a violent
crime, including a crime involving an assault with a deadly weapon, and the
respondent was found incapable of proceeding, the designated outpatient
treatment physician or center shall notify the clerk that discharge is
recommended. The clerk shall calendar a supplemental hearing as provided in
G.S. 122C-274 to determine whether the respondent meets the criteria for
outpatient commitment.

(5) Any individual who has knowledge that a respondent
on outpatient commitment has become dangerous to himself, as defined by G.S.
122C-3(11)a., and others, as defined in G.S. 122C-3(11)b., may initiate a new
petition for inpatient commitment as provided in this Part. If the respondent
is committed as an inpatient, the outpatient commitment shall be terminated and
notice sent by the clerk of court in the county where the respondent is
committed as an inpatient to the clerk of court of the county where the
outpatient commitment is being supervised.

(b) If the respondent on outpatient commitment intends
to move or moves to another county within the State, the designated outpatient
treatment physician or center shall request that the clerk of court in the
county where the outpatient commitment is being supervised calendar a
supplemental hearing.

(c) If the respondent moves to another state or to an
unknown location, the designated outpatient treatment physician or center shall
notify the clerk of superior court of the county where the outpatient
commitment is supervised and the outpatient commitment shall be terminated.

(a) Upon receipt of a request for a supplemental
hearing, the clerk shall calendar a hearing to be held within 14 days and
notify, at least 72 hours before the hearing, the petitioner, the respondent,
his attorney, if any, and the designated outpatient treatment physician or
center. The respondent shall be notified at least 72 hours before the hearing
by personally serving on him an order to appear. Other persons shall be
notified as provided in G.S. 122C-264(c).

(b) The procedures for the hearing shall follow G.S.
122C-267.

(c) In supplemental hearings for alleged
noncompliance, the court shall determine whether the respondent has failed to
comply and, if so, the causes for noncompliance. If the court determines that
the respondent has failed or refused to comply it may:

(1) Upon finding probable cause to believe that the
respondent is mentally ill and dangerous to himself, as defined in G.S. 122C-3(11)a.,
or others, as defined in G.S. 122C-3(11)b., order an examination by the same or
different physician or eligible psychologist as provided in G.S. 122C-263(c) in
order to determine the necessity for continued outpatient or inpatient
commitment;

(2) Reissue or change the outpatient commitment order
in accordance with G.S. 122C-271; or

(3) Discharge the respondent from the order and dismiss
the case.

(d) At the supplemental hearing for a respondent who
has moved or intends to move to another county, the court shall determine if
the respondent meets the criteria for outpatient commitment set out in G.S.
122C-263(d)(1). If the court determines that the respondent no longer meets the
criteria for outpatient commitment, it shall discharge the respondent from the
order and dismiss the case. If the court determines that the respondent
continues to meet the criteria for outpatient commitment, it shall continue the
outpatient commitment but shall designate a physician or center at the
respondent's new residence to be responsible for the management or supervision
of the respondent's outpatient commitment. The court shall order the respondent
to appear for treatment at the address of the newly designated outpatient
treatment physician or center and shall order venue for further court
proceedings under the outpatient commitment to be transferred to the new county
of supervision. Upon an order changing venue, the clerk of court in the county
where the outpatient commitment has been supervised shall transfer the records
regarding the outpatient commitment to the clerk of court in the county where
the commitment will be supervised. Also, the clerk of court in the county where
the outpatient commitment has been supervised shall send a copy of the court's
order directing the continuation of outpatient treatment under new supervision
to the newly designated outpatient treatment physician or center.

(e) At any time during the term of an outpatient
commitment order, a respondent may apply to the court for a supplemental
hearing for the purpose of discharge from the order. The application shall be
made in writing by the respondent to the clerk of superior court of the county
where the outpatient commitment is being supervised. At the supplemental
hearing the court shall determine whether the respondent continues to meet the
criteria specified in G.S. 122C-263(d)(1). The court may either reissue or
change the commitment order or discharge the respondent and dismiss the case.

(f) At supplemental hearings requested pursuant to
G.S. 122C-277(a) for transfer from inpatient to outpatient commitment, the
court shall determine whether the respondent meets the criteria for either
inpatient or outpatient commitment. If the court determines that the respondent
continues to meet the criteria for inpatient commitment, it shall order the
continuation of the original commitment order. If the court determines that the
respondent meets the criteria for outpatient commitment, it shall order
outpatient commitment for a period of time not in excess of 90 days. If the
court finds that the respondent does not meet either criteria, the respondent
shall be discharged and the case dismissed. (1983, c.
638, s. 17; c. 864, s. 4; 1985, c. 589, s. 2; c. 695, s. 2; 1989 (Reg. Sess.,
1990), c. 823, s. 10.)

§ 122C-275. Outpatient commitment; rehearings.

(a) Fifteen days before the end of the initial or
subsequent periods of outpatient commitment if the outpatient treatment
physician or center determines that the respondent continues to meet the
criteria specified in G.S. 122C-263(d)(1), he shall so notify the clerk of
superior court of the county where the outpatient commitment is supervised. If
the respondent no longer meets the criteria, the physician shall so notify the
clerk who shall dismiss the case; provided, however, if the respondent was
initially committed as a result of conduct resulting in his being charged with
a violent crime, including a crime involving an assault with a deadly weapon,
and the respondent was found incapable of proceeding, the physician or center
shall notify the clerk that discharge is recommended. The clerk, at least 10
days before the end of the commitment period, on order of the district court,
shall calendar the rehearing.

(b) Notice and procedures of rehearings are governed
by the same procedures as initial hearings, and the respondent has the same
rights he had at the initial hearing including the right to appeal.

(c) If the court finds that the respondent no longer
meets the criteria of G.S. 122C-263(d)(1), it shall unconditionally discharge
him. A copy of the discharge order shall be furnished by the clerk to the
designated outpatient treatment physician or center. If the respondent
continues to meet the criteria of G.S. 122C-263(d)(1), the court may order
outpatient commitment for an additional period not in excess of 180 days. (1983, c. 638, s. 20; c. 864, s. 4; 1985, c. 589, s. 2;
1991, c. 37, s. 15.)

(a) Fifteen days before the end of the initial
inpatient commitment period if the attending physician determines that
commitment of a respondent beyond the initial period will be necessary, he
shall so notify the clerk of superior court of the county in which the facility
is located. The clerk, at least 10 days before the end of the initial period,
on order of a district court judge of the district court district as defined in
G.S. 7A-133 in which the facility is located, shall calendar the rehearing. If
the respondent was initially committed as the result of conduct resulting in
his being charged with a violent crime, including a crime involving an assault
with a deadly weapon, and respondent was found incapable of proceeding, the
clerk shall also notify the chief district court judge, the clerk of superior
court, and the district attorney in the county in which the respondent was
found incapable of proceeding of the time and place of the hearing.

(b) Fifteen days before the end of the initial
treatment period of a respondent who was initially committed as a result of
conduct resulting in his being charged with a violent crime, including a crime
involving an assault with a deadly weapon, having been found incapable of
proceeding, if the attending physician determines that commitment of the
respondent beyond the initial period will not be necessary, he shall so notify
the clerk of superior court who shall schedule a rehearing as provided in
subsection (a) of this section.

(c) Subject to the provisions of G.S. 122C-269(c),
rehearings shall be held at the facility in which the respondent is receiving
treatment. The judge is a judge of the district court of the district court
district as defined in G.S. 7A-133 in which the facility is located or a
district court judge temporarily assigned to that district.

(d) Notice and proceedings of rehearings are governed
by the same procedures as initial hearings and the respondent has the same
rights he had at the initial hearing including the right to appeal.

(e) At rehearings the court may make the same
dispositions authorized in G.S. 122C-271(b) except a second commitment order
may be for an additional period not in excess of 180 days.

(f) Fifteen days before the end of the second
commitment period and annually thereafter, the attending physician shall review
and evaluate the condition of each respondent; and if he determines that a
respondent is in continued need of inpatient commitment or, in the alternative,
in need of outpatient commitment, or a combination of both, he shall so notify
the respondent, his counsel, and the clerk of superior court of the county, in
which the facility is located. Unless the respondent through his counsel files
with the clerk a written waiver of his right to a rehearing, the clerk, on
order of a district court judge of the district in which the facility is
located, shall calendar a rehearing for not later than the end of the current
commitment period. The procedures and standards for the rehearing are the same
as for the first rehearing. No third or subsequent inpatient recommitment order
shall be for a period longer than one year.

(a) At least 15 days before the end of any inpatient
commitment period ordered pursuant to G.S. 122C-268.1, the clerk shall calendar
the hearing and notify the parties as specified in G.S. 122C-264(d1), unless
the hearing is waived by the respondent.

(b) The proceedings of the rehearing shall be governed
by the same procedures provided by G.S. 122C-268.1.

(c) The respondent shall bear the burden to prove by a
preponderance of the evidence that he (i) no longer has a mental illness as
defined in G.S. 122C-3(21), or (ii) is no longer dangerous to others as defined
in G.S. 122C-3(11)b. If the court is so satisfied, then the court shall order
the respondent discharged and released. If the court finds that the respondent
has not met his burden of proof, then the court shall order inpatient
commitment be continued for a period not to exceed 180 days. The court shall
make a written record of the facts that support its findings.

(d) At least 15 days before the end of any commitment
period ordered pursuant to subsection (c) of this section and annually
thereafter, the clerk shall calendar the hearing and notify the parties as
specified in G.S. 122C-264(d1). The procedures and standards for the rehearing
are the same as under this section. No third or subsequent inpatient
recommitment order shall be for a period longer than one year. (1991, c. 37, s. 3; 1991 (Reg. Sess., 1992), c. 1034, s. 4.)

§ 122C-277. Release and conditional release; judicial
review.

(a) Except as provided in subsections (b) and (b1) of
this section, the attending physician shall discharge a committed respondent
unconditionally at any time he determines that the respondent is no longer in
need of inpatient commitment. However, if the attending physician determines
that the respondent meets the criteria for outpatient commitment as defined in
G.S. 122C-263(d)(1), he may request the clerk to calendar a supplemental
hearing to determine whether an outpatient commitment order shall be issued.
Except as provided in subsections (b) and (b1) of this section, the attending
physician may also release a respondent conditionally for periods not in excess
of 30 days on specified medically appropriate conditions. Violation of the
conditions is grounds for return of the respondent to the releasing facility. A
law-enforcement officer, on request of the attending physician, shall take a
conditional releasee into custody and return him to the facility in accordance
with G.S. 122C-205. Notice of discharge and of conditional release shall be
furnished to the clerk of superior court of the county of commitment and of the
county in which the facility is located.

(b) If the respondent was initially committed as the
result of conduct resulting in his being charged with a violent crime,
including a crime involving an assault with a deadly weapon, and respondent was
found incapable of proceeding, 15 days before the respondent's discharge or
conditional release the attending physician shall notify the clerk of superior
court of the county in which the facility is located of his determination
regarding the proposed discharge or conditional release. The clerk shall then
schedule a rehearing to determine the appropriateness of respondent's release
under the standards of commitment set forth in G.S. 122C-271(b). The clerk
shall give notice as provided in G.S. 122C-264(d). The district attorney of the
district where respondent was found incapable of proceeding may represent the
State's interest at the hearing.

(b1) If the respondent was initially committed pursuant
to G.S. 15A-1321, 15 days before the respondent's discharge or conditional
release the attending physician shall notify the clerk of superior court. The
clerk shall calendar a hearing and shall give notice as provided by G.S. 122C-264(d1).
The district attorney for the original trial may represent the State's interest
at the hearing. The hearing shall be conducted under the standards and
procedures set forth in G.S. 122C-268.1. Provided, that in no event shall discharge
or conditional release under this section be allowed for a respondent during
the period from automatic commitment to hearing under G.S. 122C-268.1.

Whenever a respondent has been committed to either inpatient
or outpatient treatment pursuant to this Chapter after having been found
incapable of proceeding and referred by the court for civil commitment
proceedings, the respondent shall not be discharged from the custody of the
hospital or institution or the outpatient commitment case terminated until the
respondent has been examined for capacity to proceed and a report filed with the
clerk of court pursuant to G.S. 15A-1002. (2013-18,
s. 8.)

(a) Any individual who has knowledge of a substance
abuser who is dangerous to himself or others may appear before a clerk or
assistant or deputy clerk of superior court or a magistrate, execute an
affidavit to this effect, and petition the clerk or magistrate for issuance of
an order to take the respondent into custody for examination by a physician or
eligible psychologist. The affidavit shall include the facts on which the affiant's
opinion is based. Jurisdiction under this subsection is in the clerk or
magistrate in the county where the respondent resides or is found.

(b) If the clerk or magistrate finds reasonable
grounds to believe that the facts alleged in the affidavit are true and that
the respondent is probably a substance abuser and dangerous to himself or
others, he shall issue an order to a law-enforcement officer or any other
person authorized by G.S. 122C-251 to take the respondent into custody for
examination by a physician or eligible psychologist.

(c) If the clerk or magistrate issues a custody order,
he shall also make inquiry in any reliable way as to whether the respondent is
indigent within the meaning of G.S. 7A-450. A magistrate shall report the
result of this inquiry to the clerk.

(d) If the affiant is a physician or eligible
psychologist, he may execute the affidavit before any official authorized to
administer oaths. He is not required to appear before the clerk or magistrate
for this purpose. His examination shall comply with the requirements of the
initial examination as provided in G.S. 122C-283(c). If the physician or
eligible psychologist recommends commitment and the clerk or magistrate finds
probable cause to believe that the respondent meets the criteria for
commitment, he shall issue an order for transportation to or custody at a 24-hour
facility or release the respondent, pending hearing, as described in G.S. 122C-283(d)(1).
If a physician or eligible psychologist executes an affidavit for commitment of
a respondent, a second qualified professional shall perform the examination
required by G.S. 122C-285.

(e) Upon receipt of the custody order of the clerk or
magistrate, a law-enforcement officer or other person designated in the order
shall take the respondent into custody within 24 hours after the order is
signed. The custody order is valid throughout the State.

(f) When a petition is filed for an individual who is
a resident of a single portal area, the procedures for examination by a
physician or eligible psychologist as set forth in G.S. 122C-283(c) shall be
carried out in accordance with the area plan. When an individual from a single
portal area is presented for commitment at a facility directly, he may be
accepted for admission in accordance with G.S. 122C-285. The facility shall
notify the area authority within 24 hours of admission and further planning of
treatment for the individual is the joint responsibility of the area authority
and the facility as prescribed in the area plan. (1973,
c. 726, s. 1; c. 1408, s. 1; 1977, c. 400, s. 3; 1979, c. 164, s. 2; c. 915,
ss. 3, 18; 1983, c. 383, s. 5; c. 638, ss. 3-5; c. 864, s. 4; 1985, c. 589, s.
2; c. 695, ss. 2, 4; 2004-23, s. 1(b).)

§ 122C-282. Special emergency procedure for violent
individuals.

When an individual subject to commitment under the provisions
of this Part is also violent and requires restraint and when delay in taking
him to a physician or eligible psychologist for examination would likely
endanger life or property, a law-enforcement officer may take the person into
custody and take him immediately before a magistrate or clerk. The law-enforcement
officer shall execute the affidavit required by G.S. 122C-281 and in addition
shall swear that the respondent is violent and requires restraint and that
delay in taking the respondent to a physician or eligible psychologist for an
examination would endanger life or property.

If the clerk or magistrate finds by clear, cogent, and
convincing evidence that the facts stated in the affidavit are true, that the
respondent is in fact violent and requires restraint, and that delay in taking
the respondent to a physician or eligible psychologist for an examination would
endanger life or property, he shall order the law-enforcement officer to take
the respondent directly to a 24-hour facility described in G.S. 122C-252.

Respondents received at a 24-hour facility under the
provisions of this section shall be examined and processed thereafter in the
same way as all other respondents under this Part. (1973,
c. 726, s. 1; c. 1408, s. 1; 1985, c. 589, s. 2; c. 695, s. 2.)

§ 122C-283. Duties of law-enforcement officer; first
examination by physician or eligible psychologist.

(a) Without unnecessary delay after assuming custody,
the law-enforcement officer or the individual designated by the clerk or
magistrate under G.S. 122C-251(g) to provide transportation shall take the
respondent to an area facility for examination by a physician or eligible
psychologist; if a physician or eligible psychologist is not available in the
area facility, he shall take the respondent to any physician or eligible
psychologist locally available. If a physician or eligible psychologist is not
immediately available, the respondent may be temporarily detained in an area
facility if one is available; if an area facility is not available, he may be
detained under appropriate supervision, in his home, in a private hospital or a
clinic, or in a general hospital, but not in a jail or other penal facility.

(b) The examination set forth in subsection (a) of
this section is not required if:

(1) The affiant who obtained the custody order is a
physician or eligible psychologist; or

(2) The respondent is in custody under the special
emergency procedure described in G.S. 122C-282.

In these cases when it is recommended that the respondent be
detained in a 24-hour facility, the law-enforcement officer shall take the
respondent directly to a 24-hour facility described in G.S. 122C-252.

(c) The physician or eligible psychologist described
in subsection (a) of this section shall examine the respondent as soon as
possible, and in any event within 24 hours, after the respondent is presented
for examination. The examination shall include but is not limited to an
assessment of the respondent's:

(1) Current and previous substance abuse including, if
available, previous treatment history; and

(2) Dangerousness to himself or others as defined in
G.S. 122C-3(11).

(d) After the conclusion of the examination the
physician or eligible psychologist shall make the following determinations:

(1) If the physician or eligible psychologist finds
that the respondent is a substance abuser and is dangerous to himself or
others, he shall recommend commitment and whether the respondent should be
released or be held at a 24-hour facility pending hearing and shall so show on
[the] his examination report. Based on the physician's or eligible
psychologist's recommendation the law-enforcement officer or other designated
individual shall take the respondent to a 24-hour facility described in G.S.
122C-252 or release the respondent.

(2) If the physician or eligible psychologist finds
that the condition described in subdivision (1) of this subsection does not
exist, the respondent shall be released and the proceedings terminated.

(e) The findings of the physician or eligible
psychologist and the facts on which they are based shall be in writing in all
cases. A copy of the findings shall be sent to the clerk of superior court by
the most reliable and expeditious means. If it cannot be reasonably anticipated
that the clerk will receive the copy within 48 hours of the time that it was
signed, the physician or eligible psychologist shall also communicate his findings
to the clerk by telephone. (1973, c. 726, s. 1; c.
1408, s. 1; 1977, c. 400, s. 4; c. 679, s. 8; c. 739, s. 1; 1979, c. 358, s.
27; c. 915, s. 4; 1983, c. 380, ss. 4, 10; c. 638, ss. 6, 7, 25.1; c. 864, s.
4; 1985, c. 589, s. 2; c. 695, ss. 2, 9.)

§ 122C-284. Duties of clerk of superior court.

(a) Upon receipt of a physician's or eligible
psychologist's finding that a respondent is a substance abuser and dangerous to
himself or others and that commitment is recommended, the clerk of superior
court of the county where the facility is located, if the respondent is held in
a 24-hour facility, or the clerk of superior court where the petition was
initiated shall upon direction of a district court judge assign counsel,
calendar the matter for hearing, and notify the respondent, his counsel, and
the petitioner of the time and place of the hearing. The petitioner may file a
written waiver of his right to notice under this subsection with the clerk of
court.

(b) Notice to the respondent required by subsection
(a) of this section shall be given as provided in G.S. 1A-1, Rule 4(j) at least
72 hours before the hearing. Notice to other individuals shall be given by
mailing at least 72 hours before the hearing a copy by first-class mail postage
prepaid to the individual at his last known address. G.S. 1A-1, Rule 6 shall
not apply.

(c) Upon receipt of notice that transportation is
necessary to take a committed respondent to a 24-hour facility pursuant to G.S.
122C-290(b), the clerk shall issue a custody order for the respondent.

(a) Within 24 hours of arrival at a 24-hour facility
described in G.S. 122C-252, the respondent shall be examined by a qualified
professional. This professional shall be a physician if the initial commitment
evaluation was conducted by an eligible psychologist. The examination shall
include the assessment specified in G.S. 122C-283(c). If the qualified
professional finds that the respondent is a substance abuser and is dangerous
to himself or others, he shall hold and treat the respondent at the facility or
designate other treatment pending the district court hearing. If the qualified
professional finds that the respondent does not meet the criteria for
commitment under G.S. 122C-283(d)(1), he shall release the respondent and the
proceeding shall be terminated. In this case the reasons for the release shall
be reported in writing to the clerk of superior court of the county in which
the custody order originated. If the respondent is released, the law-enforcement
officer or other person designated to provide transportation shall return the
respondent to the originating county.

(b) If the 24-hour facility described in G.S. 122C-252
is the facility in which the first examination by a physician or eligible
psychologist occurred and is the same facility in which the respondent is held,
the second examination must occur not later than the following regular working
day. (1973, c. 726, s. 1; c. 1408, s. 1; 1977, c. 400,
s. 6; 1979, c. 915, s. 6; 1983, c. 380, s. 5; c. 638, ss. 9, 10; c. 864, s. 4;
1985, c. 589, s. 2; c. 695, s. 11; 1985 (Reg. Sess., 1986), c. 863, s. 28.)

§ 122C-286. Commitment; district court hearing.

(a) A hearing shall be held in district court within
10 days of the day the respondent is taken into custody. Upon its own motion or
upon motion of the responsible professional, the respondent, or the State, the
court may grant a continuance of not more than five days.

(b) The respondent shall be present at the hearing. A
subpoena may be issued to compel the respondent's presence at a hearing. The
petitioner and the responsible professional of the area authority or the
proposed treating physician or his designee may be present and may provide
testimony.

(c) Certified copies of reports and findings of
physicians and psychologists and medical records of previous and current
treatment are admissible in evidence, but the respondent's right to confront
and cross-examine witnesses shall not be denied.

(d) The respondent may be represented by counsel of his
choice. If the respondent is indigent within the meaning of G.S. 7A-450,
counsel shall be appointed to represent the respondent in accordance with rules
adopted by the Office of Indigent Defense Services.

(e) Hearings may be held at a facility if it is
located within the judge's district court district as defined in G.S. 7A-133 or
in the judge's chambers. A hearing may not be held in a regular courtroom, over
objection of the respondent, if in the discretion of a judge a more suitable
place is available.

(f) The hearing shall be closed to the public unless
the respondent requests otherwise.

(g) A copy of all documents admitted into evidence and
a transcript of the proceedings shall be furnished to the respondent on request
by the clerk upon the direction of a district court judge. If the respondent is
indigent, the copies shall be provided at State expense.

(h) To support a commitment order, the court shall
find by clear, cogent, and convincing evidence that the respondent meets the
criteria specified in G.S. 122C-283(d)(1). The court shall record the facts
that support its findings and shall show on the order the area authority or
physician who is responsible for the management and supervision of the
respondent's treatment. (1985, c. 589, s. 2; c. 695,
s. 8; 1985 (Reg. Sess., 1986), c. 863, ss. 29, 30; 1987 (Reg. Sess., 1988), c.
1037, s. 117; 2000-144, s. 43.)

§ 122C-286.1. Venue of district court hearing when
respondent held at a 24-hour facility pending hearing.

(a) In all cases where the respondent is held at a 24-hour
facility pending the district court hearing as provided in G.S. 122C-286,
unless the respondent through counsel objects to the venue, the hearing shall
be held in the county in which the facility is located. Upon objection to
venue, the hearing shall be held in the county where the petition was
initiated.

(b) An official of the facility shall immediately
notify the clerk of superior court of the county in which the facility is
located of a determination to hold the respondent pending hearing. That clerk
shall request transmittal of all documents pertinent to the proceedings from
the clerk of superior court where the proceedings were initiated. The
requesting clerk shall assume all duties set forth in G.S. 122C-284. The
counsel provided for in G.S. 122C-286(d) shall be appointed in accordance with
rules adopted by the Office of Indigent Defense Services. (1985 (Reg. Sess., 1986), c. 863, s. 31; 2000-144, s. 44.)

§ 122C-287. Disposition.

The court may make one of the following dispositions:

(1) If the court finds by clear, cogent, and convincing
evidence that the respondent is a substance abuser and is dangerous to himself
or others, it shall order for a period not in excess of 180 days commitment to
and treatment by an area authority or physician who is responsible for the
management and supervision of the respondent's commitment and treatment.

Judgment of the district court is final. Appeal may be had to
the Court of Appeals by the State or by any party on the record as in civil
cases. Appeal does not stay the commitment unless so ordered by the Court of
Appeals. The Attorney General shall represent the State's interest on appeal.
The district court retains limited jurisdiction for the purpose of hearing all
reviews, rehearings, or supplemental hearings allowed or required under this
Part. (1973, c. 726, s. 1; c. 1408, s. 1; 1979, c.
915, s. 19; 1985, c. 589, s. 2.)

§ 122C-289. Duty of assigned counsel; discharge.

If the respondent is committed, assigned counsel remains
responsible for the respondent's representation at the trial level until
discharged by order of district court or until the respondent is otherwise
unconditionally discharged. If the respondent appeals, counsel for the appeal
shall be appointed in accordance with rules adopted by the Office of Indigent
Defense Services. (1973, c. 1408, s. 1; 1985, c. 589,
s. 2; 2006-264, s. 61(b).)

§ 122C-290. Duties for follow-up on commitment order.

(a) The area authority or physician responsible for
management and supervision of the respondent's commitment and treatment may
prescribe or administer to the respondent reasonable and appropriate treatment
either on an outpatient basis or in a 24-hour facility.

(b) If the respondent whose treatment is provided on
an outpatient basis fails to comply with all or part of the prescribed
treatment after reasonable effort to solicit the respondent's compliance or
whose treatment is provided on an inpatient basis is discharged in accordance
with G.S. 122C-205.1(b), the area authority or physician may request the clerk
or magistrate to order the respondent taken into custody for the purpose of
examination. Upon receipt of this request, the clerk or magistrate shall issue
an order to a law enforcement officer to take the respondent into custody and
to take him immediately to the designated area authority or physician for
examination. The custody order is valid throughout the State. The law
enforcement officer shall turn the respondent over to the custody of the
physician or area authority who shall conduct the examination and release the
respondent or have the respondent taken to a 24-hour facility upon a
determination that treatment in the facility will benefit the respondent.
Transportation to the 24-hour facility shall be provided as specified in G.S.
122C-251, upon notice to the clerk or magistrate that transportation is
necessary, or as provided in G.S. 122C-408(b). If placement in a 24-hour
facility is to exceed 45 consecutive days, the area authority or physician
shall notify the clerk of court by the 30th day and request a supplemental
hearing as specified in G.S. 122C-291.

(c) If the respondent intends to move or moves to
another county within the State, the area authority or physician shall notify
the clerk of court in the county where the commitment is being supervised and
request that a supplemental hearing be calendared.

(d) If the respondent moves to another state or to an
unknown location, the designated area authority or physician shall notify the
clerk of superior court of the county where the commitment is supervised and
the commitment shall be terminated. (1983, c. 638, s.
16; c. 864, s. 4; 1985, c. 589, s. 2; 1985 (Reg. Sess., 1986), c. 863, s. 32;
1987, c. 674, s. 2; c. 750; 2004-23, s. 2(c).)

§ 122C-291. Supplemental hearings.

(a) Upon receipt of a request for a supplemental
hearing, the clerk shall calendar a hearing to be held within 14 days and
notify, at least 72 hours before the hearing, the petitioner, the respondent,
his attorney, if any, and the designated area authority or physician. Notice
shall be provided in accordance with G.S. 122C-284(b). The procedures for the
hearing shall follow G.S. 122C-286.

(b) At the supplemental hearing for a respondent who
has moved or may move to another county, the court shall determine if the
respondent meets the criteria for commitment set out in G.S. 122C-283(d)(1). If
the court determines that the respondent no longer meets the criteria for
commitment, it shall discharge the respondent from the order and dismiss the
case. If the court determines that the respondent continues to meet the
criteria for commitment, it shall continue the commitment but shall designate
an area authority or physician at the respondent's new residence to be
responsible for the management or supervision of the respondent's commitment.
The court shall order the respondent to appear for treatment at the address of
the newly designated area authority or physician and shall order venue for
further court proceedings under the commitment to be transferred to the new county
of supervision. Upon an order changing venue, the clerk of court in the county
where the commitment has been supervised shall transfer the records regarding
the commitment to the clerk of court in the county where the commitment will be
supervised. Also, the clerk of court in the county where the commitment has
been supervised shall send a copy of the court's order directing the
continuation of treatment under new supervision to the newly designated area
authority or physician.

(c) At a supplemental hearing for a respondent to be
held longer than 45 consecutive days in a 24-hour facility, the court shall
determine if the respondent meets the criteria for commitment set out in G.S.
122C-283(d)(1). If the court determines that the respondent continues to meet
the criteria and that further treatment in the 24-hour facility is necessary,
the court may authorize continued care in the facility for not more than 90
days, after which a rehearing for the purpose of determining the need for
continued care in the 24-hour facility shall be held, or the court may order
the respondent released from the 24-hour facility and continued on the
commitment on an outpatient basis. If the court determines that the respondent
no longer meets the criteria for commitment the respondent shall be released
and his case dismissed.

(d) At any time during the term of commitment order, a
respondent may apply to the court for a supplemental hearing for the purpose of
discharge from the order. The application shall be made in writing to the clerk
of superior court. At the supplemental hearing the court shall determine
whether the respondent continues to meet the criteria for commitment. The court
may reissue or change the commitment order or discharge the respondent and
dismiss the case. (1985, c. 589, s. 2.)

§ 122C-292. Rehearings.

(a) Fifteen days before the end of the initial or
subsequent periods of commitment if the area authority or physician determines
that the respondent continues to meet the criteria specified in G.S. 122C-283(d)(1),
the clerk of superior court of the county where commitment is supervised shall
be notified. The clerk, at least 10 days before the end of the commitment
period, on order of the district court, shall calendar the rehearing. If the
respondent no longer meets the criteria, the area authority or physician shall
so notify the clerk who shall dismiss the case.

(b) Rehearings are governed by the same notice and
procedures as initial hearings, and the respondent has the same rights he had
at the initial hearing including the right to appeal.

(c) If the court finds that the respondent no longer
meets the criteria of G.S. 122C-283(d)(1), it shall unconditionally discharge
him. A copy of the discharge order shall be furnished by the clerk to the
designated area authority or physician. If the respondent continues to meet the
criteria of G.S. 122C-283(d)(1), the court may order commitment for additional
periods not in excess of 365 days each. (1973, c. 726,
s. 1; c. 1408, s. 1; 1977, c. 400, s. 9; 1979, c. 915, ss. 9, 17; 1981, c. 537,
ss. 2-4; 1983, c. 638, ss. 18-19; 864, s. 4; 1985, c. 589, s. 2.)

§ 122C-293. Release by area authority or physician.

The area authority or physician as designated in the order
shall discharge a committed respondent unconditionally at any time he
determines that the respondent no longer meets the criteria of G.S. 122C-283(d)(1).
Notice of discharge and the reasons for the release shall be reported in
writing to the clerk of superior court of the county in which the commitment
was ordered. (1973, c. 726, s. 1; c. 1408, s. 1; 1981,
c. 537, s. 5; 1983, c. 383, s. 6; c. 638, s. 21; c. 864, s. 4; 1985, c. 589, s.
2.)

§ 122C-301. Assistance to an individual who is intoxicated
in public; procedure for commitment to shelter or facility.

(a) An officer may assist an individual found
intoxicated in a public place by taking any of the following actions:

(1) The officer may direct or transport the intoxicated
individual home;

(2) The officer may direct or transport the intoxicated
individual to the residence of another individual willing to accept him;

(3) If the intoxicated individual is apparently in need
of and apparently unable to provide for himself food, clothing, or shelter but
is not apparently in need of immediate medical care, the officer may direct or
transport him to an appropriate public or private shelter facility;

(4) If the intoxicated individual is apparently in need
of but apparently unable to provide for himself immediate medical care, the
officer may direct or transport him to an area facility, hospital, or
physician's office; or the officer may direct or transport the individual to
any other appropriate health care facility; or

(5) If the intoxicated individual is apparently a
substance abuser and is apparently dangerous to himself or others, the officer
may proceed as provided in Part 8 of this Article.

(b) In providing the assistance authorized by subsection
(a) of this section, the officer may use reasonable force to restrain the
intoxicated individual if it appears necessary to protect himself, the
intoxicated individual, or others. No officer may be held criminally or civilly
liable for assault, false imprisonment, or other torts or crimes on account of
reasonable measures taken under authority of this Part.

(c) If the officer takes the action described in
either subdivision (a)(3) or (a)(4) of this section, the facility to which the
intoxicated individual is taken may detain him only until he becomes sober or a
maximum of 24 hours. The individual may stay a longer period if he wishes to do
so and the facility is able to accommodate him.

(d) Any individual who has knowledge that a person
assisted to a shelter or other facility under subdivisions (a)(3) or (a)(4) of
this section is a substance abuser and is dangerous to himself or others may
proceed as provided in Part 8 of this Article. (1977,
2nd Sess., c. 1134, s. 2; 1981, c. 519, s. 5; 1985, c. 589, s. 2.)

A city or county may employ officers to assist individuals
who are intoxicated in public. Officers employed for this purpose shall be
trained to give assistance to those who are intoxicated in public including the
administration of first aid. An officer employed by a city or county to assist
intoxicated individuals has the powers and duties set out in G.S. 122C-301
within the same territory in which criminal laws are enforced by law-enforcement
officers of that city or county. (1977, 2nd Sess., c.
1134, s. 2; 1985, c. 589, s. 2.)

§ 122C-303. Use of jail for care for intoxicated individual.

In addition to the actions authorized by G.S. 122C-301(a), an
officer may assist an individual found intoxicated in a public place by
directing or transporting that individual to a city or county jail. That action
may be taken only if the intoxicated individual is apparently in need of and
apparently unable to provide for himself food, clothing, or shelter but is not
apparently in need of immediate medical care and if no other facility is
readily available to receive him. The officer and employees of the jail are
exempt from liability as provided in G.S. 122C-301(b). The intoxicated
individual may be detained at the jail only until he becomes sober or a maximum
of 24 hours and may be released at any time to a relative or other individual
willing to be responsible for his care. (1977, 2nd
Sess., c. 1134, s. 3; 1985, c. 589, s. 2.)

Part 10. Voluntary Admissions, Involuntary Commitments and
Discharges, Inmates and Parolees, Division of Adult Correction of the
Department of Public Safety.

§ 122C-311. Individuals on parole.

Any individual who has been released from any correctional
facility on parole is admitted, committed and discharged from facilities in
accordance with the procedures specified in this Article for other individuals.
(1959, c. 1002, s. 24; 1963, c. 1184, s. 28; 1973, c.
253, s. 4; 1985, c. 589, s. 2.)

§ 122C-312. Voluntary admissions and discharges of inmates
of the Division of Adult Correction of the Department of Public Safety.

Inmates in the custody of the Division of Adult Correction of
the Department of Public Safety may seek voluntary admission to State
facilities for the mentally ill or substance abusers. The provisions of Part 2
of this Article shall apply except that an admission may be accomplished only
when the Secretary and the Secretary of Public Safety jointly agree to the
inmate's request. When an inmate is admitted he shall be discharged in
accordance with the provisions of Part 2 of this Article except that an inmate
who is ready for discharge, but still under a term of incarceration, shall be
discharged only to an official of the Division of Adult Correction of the
Department of Public Safety. The Division of Adult Correction of the Department
of Public Safety is responsible for the security and cost of transporting
inmates to and from facilities under the provisions of this section. (1979, c. 547; 1985, c. 589, s. 2; 2011-145, s. 19.1(h),
(i).)

§ 122C-313. Inmate becoming mentally ill and dangerous to
himself or others.

(a) An inmate who becomes mentally ill and dangerous
to himself or others after incarceration in any facility operated by the
Division of Adult Correction of the Department of Public Safety in the State is
processed in accordance with Part 7 of this Article, as modified by this
section, except when the provisions of Part 7 are manifestly inappropriate. A
staff psychiatrist or eligible psychologist of the correctional facility shall
execute the affidavit required by G.S. 122C-261 and send it to the clerk of
superior court of the county in which the correctional facility is located.
Upon receipt of the affidavit, the clerk shall calendar a district court
hearing and notify the respondent and his counsel as required by G.S. 122C-284(a).
The hearing is conducted in a district courtroom. If the judge finds by clear,
cogent, and convincing evidence that the respondent is mentally ill and
dangerous to himself or others, he shall order him transferred for treatment to
a State facility designated by the Secretary. The judge shall not order
outpatient commitment for an inmate-respondent.

(b) If the sentence of an inmate-respondent expires
while he is committed to a State facility, he is considered in all respects as
if he had been initially committed under Part 7 of this Article.

(c) If the sentence of an inmate-respondent has not
expired, and if in the opinion of the attending physician of the State facility
an inmate-respondent ceases to be mentally ill and dangerous to himself or
others, he shall notify the Division of Adult Correction of the Department of
Public Safety which shall arrange for the inmate-respondent's return to a
correctional facility.

(d) Special counsel at a State facility shall represent
any inmate who becomes mentally ill and dangerous to himself or others while
confined in a correctional facility in the same county, otherwise counsel is
assigned in accordance with G.S. 122C-270(d).

Part 11. Voluntary Admissions, Involuntary Commitments and
Discharges, the Psychiatric Service of the University of North Carolina
Hospitals at Chapel Hill.

§ 122C-321. Voluntary admissions and discharges.

Any individual in need of treatment for mental illness or
substance abuse may seek voluntary admission to the psychiatric service of the
University of North Carolina Hospitals at Chapel Hill. Procedures for
admission and discharge shall be made in accordance with Parts 2 through 4 of
this Article. The applicant may be admitted only upon the approval of the
director of the psychiatric service or his designee. (1955,
c. 1274, s. 2; 1963, c. 1184, s. 2; 1973, c. 723, s. 3; c. 1084; 1985, c. 589,
s. 2; 1989, c. 141, s. 14.)

§ 122C-322. Involuntary commitments.

(a) Except as otherwise specifically provided in this
section references in Parts 6 through 8 of this Article to 24-hour facilities,
outpatient treatment centers, or area authorities, or private facilities shall
include the psychiatric service of the University of North Carolina Hospitals
at Chapel Hill. The psychiatric service may be used for temporary detention
pending a district court hearing, for commitment of the respondent after the
hearing, or as the manager and supervisor of outpatient commitment. However, no
individual may be held at or committed to the psychiatric service without the
prior approval of the director of the psychiatric service or his designee.

(b) Initial hearings, supplemental hearings, and
rehearings may be held at the psychiatric service facility or at any place in
Orange County where district court can be held under G.S. 7A-133. Legal counsel
for the respondent at all hearings and rehearings shall be assigned from among
the members of the bar of the same county in accordance with G.S. 122C-270(d). (1977, c. 738, s. 1; 1981, c. 442; 1985, c. 589, s. 2; 1989,
c. 141, s. 15.)

Veterans in need of treatment for mental illness or substance
abuse may seek voluntary admission to a facility operated by the Veterans
Administration. Procedures for admission and discharge shall be made in
accordance with Parts 2 and 4 of this Article. The Veterans Administration may
require additional procedures not inconsistent with these Parts. (1973, c. 1408, s. 1; 1985, c. 589, s. 2.)

§ 122C-332. Involuntary commitments.

(a) Except as otherwise specifically provided in this
section, references in Parts 6 through 8 of this Article to 24-hour facilities,
outpatient treatment centers, or area authorities, or private facilities shall
include the facilities operated by the Veterans Administration. Veterans
Administration facilities may be used for temporary detention pending a
district court hearing, for commitment of the respondent after the hearing, or
as the manager and supervisor of outpatient commitment. Eligibility of the
veteran-respondent for treatment at a Veterans Administration facility and the
availability of space shall be determined by the Veterans Administration in all
cases before sending or committing a veteran-respondent.

(b) Initial hearings, supplemental hearings, and
rehearings for veteran-respondents may be held at the facility or at the county
courthouse in the county in which the facility is located, and counsel shall be
assigned from among the members of the bar of the same county in accordance
with G.S. 122C-270(d). (1985, c. 589, s. 2.)

§ 122C-333. Order of another state.

The judgment or order of commitment by a court of competent
jurisdiction of another state, committing a person to the Veterans
Administration or another federal agency that is located in this State shall
have the same force and effect on the committed person while in this State as
in the jurisdiction of the court entering the judgment or making the order. The
courts of the committing state shall retain jurisdiction of the person so
committed for the purpose of inquiring into the mental condition of the person,
and for determining the necessity for continuance of his restraint. Consent is
given to the application of the law of the committing state on the authority of
the chief officer of any facility of the Veterans Administration or of any
institution operated in this State by any other federal agency to retain
custody, transfer, parole, or discharge the committed person. (1985, c. 589, s. 2.)

A non-State resident may be admitted to and discharged from a
facility on a voluntary basis in accordance with Parts 2 through 5 of this
Article at his own expense. If the facility determines that the client should
be returned to his own state the provisions of G.S. 122C-345 or G.S. 122C-361,
as appropriate, shall apply. (1899, c. 1, s. 16; Rev.,
s. 4584; C.S., s. 6210; 1945, c. 952, s. 33; 1947, c. 537, s. 18; 1963, c.
1184, s. 1; 1971, c. 1140; 1973, c. 476, s. 133; c. 673, s. 13; 1985, c. 589,
s. 2.)

In addition to the provisions of G.S. 122C-341 through G.S.
122C-343, if a 24-hour facility determines that a client is not a citizen of
the United States, the facility shall notify the Governor of this State of the
name of the client, the country and place of his residence in the country and
other facts in the case as can be obtained, together with a copy of pertinent
medical records. The Governor shall send the information to the nearest
consular office of the committed foreign national, with the request that the
consular office tell the minister resident or plenipotentiary of the country of
which the client is alleged to be a citizen. (1899, c.
1, s. 16; Rev., s. 4585; C.S., s. 6211; 1963, c. 1184, s. 1; 1985, c. 589, s.
2; 1993, c. 561, s. 86(a).)

§ 122C-345. Return of a non-State resident client to his
resident state.

(a) Except as provided in subsection (c) of this
section, it is the responsibility of the director of a facility to arrange for
the transfer of a client to his resident state. The cost of returning the
client to his resident state is the responsibility of the client or his family.

(b) A non-State resident client of an area 24-hour
facility may be transferred to a State facility in accordance with G.S. 122C-206
in order for the client to be returned to his resident state.

§ 122C-347. Return of North Carolina resident clients from
other states.

North Carolina residents who are in treatment in another
state may be returned to North Carolina either under an agreement authorized in
G.S. 122C-346 or under the provisions of G.S. 122C-361. The cost of returning a
North Carolina resident to this State is the responsibility of the sending
state. Within 72 hours after admission in a State facility, a returned resident
shall be evaluated. The returned resident may agree to a voluntary admission or
may be released, or proceedings for an involuntary commitment under this
Article may be initiated as necessary by the responsible professional in the
facility. (1945, c. 952, s. 34; 1947, c. 537, s. 19;
1959, c. 1002, ss. 20, 21; 1963, c. 1184, s. 1; 1965, c. 800, s. 9; 1969, c.
982; 1973, c. 476, ss. 133, 138; c. 673, s. 13; 1985, c. 589, s. 2.)

§ 122C-348. Residency not affected.

(a) A nonresident of this State who is under care in a
24-hour facility in this State is not considered a resident. No length of time
spent in this State while a client in a 24-hour facility is sufficient to make
a nonresident a resident or entitled to care or treatment.

The Interstate Compact on Mental Health is hereby enacted
into law and entered into by this State with all other states legally joining
therein in the form substantially as follows: The contracting states solemnly
agree that:

Article I.

The party states find that the proper and expeditious
treatment of the mentally ill and mentally deficient can be facilitated by
cooperative action, to the benefit of the patients, their families, and society
as a whole. Further, the party states find that the necessity of and
desirability for furnishing such care and treatment bears no primary relation
to the residence or citizenship of the patient but, that, on the contrary, the
controlling factors of community safety and humanitarianism require that
facilities and services be made available for all who are in need of them.
Consequently, it is the purpose of this Compact and of the party states to
provide the necessary legal basis for the institutionalization or other appropriate
care and treatment of the mentally ill and mentally deficient under a system
that recognizes the paramount importance of patient welfare and to establish
the responsibilities of the party states in term of such welfare.

Article II.

As used in this Compact:

(a) "Sending state" shall mean a party
state from which a patient is transported pursuant to the provisions of the
Compact or from which it is contemplated that a patient may be so sent.

(b) "Receiving state" shall mean a party
state to which a patient is transported pursuant to the provisions of the
Compact or to which it is contemplated that a patient may be so sent.

(c) "Institution" shall mean any hospital or
other facility maintained by a party state or political subdivision thereof for
the care and treatment of mental illness or mental deficiency.

(d) "Patient" shall mean any person subject
to or eligible as determined by the laws of the sending state, for
institutionalization or other care, treatment, or supervision pursuant to the
provisions of this Compact.

(f) "Mental illness" shall mean mental
disease to such extent that a person so afflicted requires care and treatment
for his own welfare, or the welfare of others, or of the community.

(g) "Mental deficiency" shall mean mental
deficiency as defined by appropriate clinical authorities to such extent that a
person so afflicted is incapable of managing himself and his affairs, but shall
not include mental illness as defined herein.

(h) "State" shall mean any state, territory
or possession of the United States, the District of Columbia, and the
Commonwealth of Puerto Rico.

Article III.

(a) Whenever a person physically present in any party
state shall be in need of institutionalization by reason of mental illness or
mental deficiency, he shall be eligible for care and treatment in an
institution in that state irrespective of his residence, settlement or
citizenship qualifications.

(b) The provisions of paragraph (a) of this Article to
the contrary notwithstanding, any patient may be transferred to an institution
in another state whenever there are factors based upon clinical determinations
indicating that the care and treatment of said patient would be facilitated or
improved thereby. Any such institutionalization may be for the entire period of
care and treatment or for any portion or portions thereof. The factors referred
to in this paragraph shall include the patient's full record with due regard
for the location of the patient's family, character of the illness and probable
duration thereof, and such other factors as shall be considered appropriate.

(c) No state shall be obliged to receive any patient
pursuant to the provisions of paragraph (b) of this Article unless the sending
state has given advance notice of its intention to send the patient; furnished
all available medical and other pertinent records concerning the patient; given
the qualified medical or other appropriate clinical authorities of the
receiving state an opportunity to examine the patient if said authorities so
wish; and unless the receiving state shall agree to accept the patient.

(d) In the event that the laws of the receiving state
establish a system of priorities for the admission of patients, an interstate
patient under this Compact shall receive the same priority as a local patient
and shall be taken in the same order and at the same time that it would be
taken if he were a local patient.

(e) Pursuant to this Compact, the determination as to
the suitable place of institutionalization for a patient may be reviewed at
any time and such further transfer of the patient may be made as seems likely
to be in the best interest of the patient.

Article IV.

(a) Whenever, pursuant to the laws of the state in
which a patient is physically present, it shall be determined that the patient
should receive aftercare or supervision, such care or supervision may be
provided in a receiving state. If the medical or other appropriate clinical
authorities have responsibility for the care and treatment of the patient in
the sending state shall have reason to believe that aftercare in another state
would be in the best interest of the patient and would not jeopardize the
public safety, they shall request the appropriate authorities in the receiving
state to investigate the desirability of affording the patient such aftercare
in said receiving state, and such investigation shall be made with all
reasonable speed. The request for investigation shall be accompanied by
complete information concerning the patient's intended place of residence and
the identity of the person in whose charge it is proposed to place the patient,
the complete medical history of the patient, and such other documents as may be
pertinent.

(b) If the medical or other appropriate clinical
authorities having responsibility for the care and treatment of the patient in
the sending state and the appropriate authorities in the receiving state find
that the best interest of the patient would be served thereby, and if the
public safety would not be jeopardized thereby, the patient may receive
aftercare or supervision in the receiving state.

(c) In supervising, treating, or caring for a patient
on aftercare pursuant to the terms of this Article, a receiving state shall
employ the same standards of visitation, examination, care, and treatment that
it employs for similar local patients.

Article V.

Whenever a dangerous or potentially dangerous patient escapes
from an institution in any party state, that state shall promptly notify all
appropriate authorities within and without the jurisdiction of the escape in a
way reasonably calculated to facilitate the speedy apprehension of the escapee.
Immediately upon the apprehension and identification of any such dangerous or
potentially dangerous patient, he shall be detained in the state where found
pending disposition in accordance with law.

Article VI.

The duly accredited officers of any state party to this
Compact, upon the establishment of their authority and the identity of the
patient, shall be permitted to transport any patient being moved pursuant to
this Compact through any and all states party to this Compact, without
inferference.

Article VII.

(a) No person shall be deemed a patient of more than
one institution at any given time. Completion of transfer of any patient to an
institution in a receiving state shall have the effect of making the person a
patient of the institution in the receiving state.

(b) The sending state shall pay all costs of and
incidental to the transportation of any patient pursuant to this Compact, but
any two or more party states may, by making a specific agreement for that
purpose, arrange for a different allocation of costs as among themselves.

(c) No provision of this Compact shall be construed to
alter or affect any internal relationships among the departments, agencies and
officers of and in the government of a party state, or between a party state
and its subdivisions, as to the payment of costs, or responsibilities therefor.

(d) Nothing in this Compact shall be construed to
prevent any party state or subdivision thereof from asserting any right against
any person, agency or other entity in regard to costs for which such party
state or subdivision thereof may be responsible pursuant to any provision of
this Compact.

(e) Nothing in this Compact shall be construed to
invalidate any reciprocal agreement between a party state and a nonparty state
relating to institutionalization, care or treatment of the mentally ill or
mentally deficient, or any statutory authority pursuant to which such
agreements may be made.

Article VIII.

(a) Nothing in this Compact shall be construed to
abridge, diminish, or in any way impair the rights, duties, and
responsibilities of any patient's guardian on his own behalf or in respect of
any patient for whom he may serve, except that where the transfer of any
patient to another jurisdiction makes advisable the appointment of a
supplemental or substitute guardian, any court of competent jurisdiction in the
receiving state may make such supplemental or substitute appointment and the
court which appointed the previous guardian shall upon being duly advised of
the new appointment, and upon the satisfactory completion of such accounting
and other acts as such court may by law require, relieve the previous guardian
of power and responsibility to whatever extent shall be appropriate in the
circumstances; provided, however, that in the case of any patient having
settlement in the sending state, the court of competent jurisdiction in the
sending state shall have the sole discretion to relieve a guardian appointed by
it or continue his power and responsibility, whichever it shall deem advisable.
The court in the receiving state may, in its discretion, confirm or reappoint
the person or persons previously serving as guardian in the sending state in
lieu of making a supplemental or substitute appointment.

(b) The term "guardian" as used in paragraph
(a) of this Article shall include any guardian, trustee, legal committee,
conservator, or other person or agency however denominated who is charged by
law with power to act for or responsibility for the person or property of a
patient.

Article IX.

(a) No provision of this Compact except Article V
shall apply to any person institutionalized while under sentence in a penal or
correctional institution or while subject to trial on a criminal charge, or
whose institutionalization is due to the commission of an offense for which, in
the absence of mental illness or mental deficiency, said person would be
subject to incarceration in a penal or correctional institution.

(b) To every extent possible, it shall be the policy
of states party to this Compact that no patient shall be placed or detained in
any prison, jail or lockup, but such patient shall, with all expedition, be
taken to a suitable institutional facility for mental illness or mental
deficiency.

Article X.

(a) Each party state shall appoint a "Compact
Administrator" who, on behalf of his state, shall act as general
coordinator of activities under the Compact in his state and who shall receive
copies of all reports, correspondence, and other documents relating to any
patient processed under the Compact by his state either in the capacity of
sending or receiving state. The Compact Administrator or his duly designated
representative shall be the official with whom other party states shall deal in
any matter relating to the Compact or any patient processed thereunder.

(b) The Compact Administrators of the respective party
states shall have power to promulgate reasonable rules and regulations to carry
out more effectively the terms and provisions of this Compact.

Article XI.

The duly constituted administrative authorities of any two or
more party states may enter into supplementary agreements for the provision of
any service or facility or for the maintenance of any institution on a joint or
cooperative basis whenever the states concerned shall find that such agreements
will improve services, facilities, or institutional care and treatment in the
fields of mental illness or mental deficiency. No such supplementary agreement
shall be construed so as to relieve any party state of any obligation which it
otherwise would have under other provisions of this Compact.

Article XII.

This Compact shall enter into full force and effect as to any
state when enacted by it into law and such state shall thereafter be a party
thereto with any and all states legally joining therein.

Article XIII.

(a) A state party to this Compact may withdraw
therefrom by enacting a statute repealing the same. Such withdrawal shall take
effect one year after notice thereof has been communicated officially and in
writing to the governors and Compact administrators of all other party states.
However, the withdrawal of any state shall not change the status of any patient
who has been sent to said state or sent out of said state pursuant to the
provisions of the Compact.

(b) Withdrawal from any agreement permitted by Article
VII(b) as to costs or from any supplementary agreement made pursuant to Article
XI shall be in accordance with the terms of such agreement.

Article XIV.

This Compact shall be liberally construed so as to effectuate
the purposes thereof. The provisions of this Compact shall be severable and if
any phrase, clause, sentence or provision of this Compact is declared to be
contrary to the constitution of any party state or of the United States or the
applicability thereof to any government, agency, person or circumstance is held
invalid, the validity of the remainder of this Compact and the applicability
thereof to any government, agency, person or circumstance shall not be affected
thereby. If this Compact shall be held contrary to the constitution of any
state party thereto, the Compact shall remain in full force and effect as to
the remaining states and in full force and effect as to the state affected as
to all severable matters. (1959, c. 1003, s. 1; 1963,
c. 1184, s. 12; 1985, c. 589, s. 2.)

§ 122C-362. Compact Administrator.

Pursuant to the Compact, the Secretary is the Compact
Administrator and, acting jointly with like officers of other party states, may
adopt rules to carry out more effectively the terms of the Compact. The Compact
Administrator shall cooperate with all departments, agencies and officers of
and in the government of this State and its subdivisions in facilitating the
proper administration of the Compact, of any supplementary agreement, or
agreements entered into by this State. (1959, c. 1003,
s. 2; 1963, c. 1184, s. 12; 1973, c. 476, s. 133; 1985, c. 589, s. 2.)

§ 122C-363. Supplementary agreements.

The Compact Administrator may enter into supplementary
agreements with appropriate officials of other states pursuant to Articles VII
and XI of the Compact. In the event that these supplementary agreements shall
require or contemplate the use of any institution or facility of this State or
require or contemplate the provision of any service by this State, no such
agreement shall be effective until approved by the head of the department or
agency under whose jurisdiction the institution or facility is operated or
whose department or agency will be charged with the rendering of this service. (1959, c. 1003, s. 3; 1963, c. 1184, s. 12; 1985, c. 589, s.
2.)

§ 122C-364. Financial arrangements.

The Compact Administrator, with the approval of the Director
of the Budget, may make or arrange for any payments necessary to discharge any
financial obligations imposed upon this State by the Compact or by any
supplementary agreement entered into under it. (1959,
c. 1003, s. 4; 1963, c. 1184, s. 12; 1985, c. 589, s. 2.)

Copies of this Part shall, upon its approval, be transmitted
by the Compact Administrator to the governor of each state, the attorney
general of each state, the Administrator of General Services of the United
States, and the Council of State Governments. (1959,
c. 1003, s. 6; 1963, c. 1184, s. 12; 1985, c. 589, s. 2.)